§ 47-18.39. Existing dwelling unit structures.

A.

Dwelling units that exist as of the effective date (June 28, 1997) of the ULDR, which units are stacked one (1) above the other and which have a minimum floor area between four hundred (400) gross square feet and seven hundred fifty (750) gross square feet, shall be permitted in an RC-15 zoning district in accordance with the following:

1.

Such structure is in continuous operation and not discontinued in use as provided in Section 47-3, Nonconforming Uses.

2.

When the use of such structures change to a different residential use permitted in the RC-15 zoning district, the existing stacked units cannot be reestablished, and the new residential use must meet the requirements of the ULDR for the new use.

3.

If such structure is damaged or destroyed by fire, explosion or other casualty or Act of God or public enemy by more than fifty percent (50%) of its replacement value or fifty percent (50%) of the gross floor area of the existing structure, such structure may be restored to the condition it was in prior to the damage, subject to the following conditions:

a.

The stacked unit structure may only be rebuilt in accordance with the density permitted by the RC-15 zoning district or by the residential medium land use designation. If the reconstruction of that portion destroyed would result in a density greater than that permitted by the RC-15 district, such reconstruction shall not be permitted.

b.

The dimensional requirements for a multifamily dwelling as provided in the RM-15 zoning district shall apply to stacked unit structures for the purpose of reconstruction.

c.

The total number of dwelling units to be provided in the rebuilt structure shall not exceed the number of units previously existing in same structure prior to the destruction.

d.

The parcel to be rebuilt must meet all the requirements of the ULDR for multifamily dwellings, as provided in RM-15 zoning district.

4.

If more than fifty percent (50%) of the replacement value or of the total gross floor area of an existing stacked unit structure is demolished by other than fire, explosion or other casualty or Act of God or public enemy, then such structure may not be restored to the condition it was in prior to the damage, and any use of the property on which such structure was located shall be required to the meet all of the requirements of the ULDR.

5.

Any additions to existing stacked dwelling units are required to meet the requirements of the ULDR.

B.

Dwelling units that exist and are located on property that was zoned RD-15, RC-15 or RM-15 on April 21, 1998 and are no longer permitted as a new use shall be permitted in an RDs-15, RCs-15, or RMs-15 zoning district in accordance with the following:

1.

Such dwelling units must have been legally permitted, in continuous use and not discontinued in use as provided in Section 47-3, Nonconforming Uses.

2.

When such dwelling units change to a different use permitted in the RDs-15, RCs-15, or RMs-15 zoning district, the existing units cannot be reestablished, and the new use must meet the requirements of the ULDR for the new use.

3.

If such dwelling units are damaged or destroyed by fire, explosion or other casualty or act of God or public enemy by more than fifty percent (50%) of its replacement value or fifty percent (50%) of the gross floor area of the existing structure, such structure may be restored to the condition it was in prior to the damage, subject to the following conditions:

a.

The unit structure may only be rebuilt in accordance with the density permitted by the RDs-15, RCs-15, or RMs-15 zoning district or land use designation for the property. If the reconstruction of that portion destroyed would result in a density greater than that permitted by the zoning district or land use designation, such reconstruction shall not be permitted.

b.

The dimensional requirements for a structure shall be as provided in the RDs-15, RCs-15, or RMs-15 zoning district for the purpose of reconstruction in accordance with the dimensional requirements in Section 47-5, Residential Zoning Districts and Residential Office Zoning Districts.

c.

The total number of dwelling units to be provided in the rebuilt structure shall not exceed the number of units previously existing in same structure prior to the destruction.

d.

The parcel to be rebuilt must meet all the requirements of the ULDR.

4.

If more than fifty percent (50%) of the replacement value or of the total gross floor area of an existing unit structure is demolished by other than fire, explosion or other casualty or act of God or public enemy, then such structure may not be restored to the condition it was in prior to the damage, and any use of the property on which such structure was located shall be required to meet all of the requirements of the ULDR.

5.

Any additions to existing dwelling units are required to meet the requirements of the ULDR.

(Ord. No. C-97-19, § 1(47-18.38), 6-18-97; Ord. No. C-99-27, § 5, 5-4-99)