Sec. 10.3.4. Nonconforming Site Elements

Subject to the provisions contained in this section and all other applicable provisions of this UDO, one or more of the following activities and improvements can be made to nonconforming accessory buildings, accessory structures, outdoor lighting, fences, walls, signs, off-street parking, vehicular surface areas and private access points. Improvements and activities that are not explicitly authorized by in this section are not allowed. The following allowed activities and improvements can be initiated without the issuance of a special use permit by the Board of Adjustment.

  1. Renovation, Ordinary Maintenance and Repair
    1. The cost of renovation and ordinary maintenance and repair to any nonconforming accessory building, accessory structure, fence, walls, vehicular surface area, private access point and outdoor lighting shall not during any 1 calendar year exceeds 15% of the tax value of the zoning nonconforming site element in the county where the property is located, or the original cost of the nonconforming site element if there is no listed tax value.
    2. The limitation on expenditures established here does not apply to Sec. 10.3.4.B. through Sec. 10.3.4.G. below.
    3. Ordinary maintenance and repair shall be limited to work necessary to maintain and correct any damage, other than caused by casualty, or deterioration to the structural soundness or features of an accessory building, accessory structure, fence, vehicular surface area, private access point or outdoor lighting.
    4. For damage to any nonconformity that is caused by any casualty, the provisions of Sec. 10.3.4.B. below apply in lieu of this provision.
    5. The regulations for ordinary maintenance and repair of nonconforming signs are set forth in Sec. 7.3.17.
  2. Casualties
    The rebuilding, reconstruction or restoring of any nonconforming accessory building, accessory structure, fence, walls, vehicular surface area, private access point and outdoor lighting which was damaged or partially destroyed by a casualty, which includes the exercise of eminent domain, riot, fire, accident, explosion, lightning, flood, wind or other calamity or natural act, is allowed provided all of the following conditions are met: 
    1. The cost of rebuilding, reconstructing and restoring the nonconforming site element is less than 50% of either its listed property tax value of the nonconforming site element in the county where the property is located or, if there is no listed property tax value, the original cost of the nonconforming site element.
    2. The nature and degree of the nonconformity is not expanded, extended or increased from that which existed prior to the damage or destruction, nor is it altered or changed except as otherwise allowed as a renovation in Sec. 10.3.4.A. above.
      1. Reconstruction and repair is commenced with a valid building permit within 12 months of the date of such damage or destruction.
      2. If the cost of the rebuilding, reconstruction or restoration will be 50% or more of either the listed property tax value of the nonconforming site element in the county where the property is located or if there is no listed property tax value the original cost of the nonconforming site element, the nonconforming accessory building, accessory structure, fence, vehicular surface area, private access point or outdoor lighting shall not be rebuilt, reconstructed or restored except in compliance with this UDO.
  3. Expansions
    Additions to the number of off-street parking spaces and expansions to vehicular surface areas shall be governed by Article 7.1. Parking. In addition, expansions to vehicular surface areas to serve any zoning nonconforming use shall in addition to these standards be subject to all the requirements of Sec. 10.3.6.A.3.
  4. Resumptions
    Any nonconforming site element which is discontinued, unused or unoccupied for a continuous period of 365 days or more may not be restarted, resumed or reoccupied. Unless the owner has been compensated for the total loss of the nonconforming site element, and notwithstanding anything contained herein this UDO to the contrary, including the foregoing, where such discontinuance is due to a government funded and initiated project, nonconforming site elements may be reinstalled, or replaced, like-for-like, subject to the safety standards of this UDO pertaining to site triangles, pedestrian safety and flood prevention, provided the site element reinstallation or replacement occurs within 180 days of project completion. 
  5. Substitution of Impervious Surfaces 
    Substitution of impervious surfaces for 1 use, facility, building or structure, vehicular surface area or access point to another provided all of the following are met:
    1. The amount and extent of impervious surfaces is not increased.
    2. The placement of those new impervious surfaces conforms to the requirements of this UDO.
    3. The impervious surface is for a lawful activity.
  6. Zoning Nonconformities Brought Into Compliance
    Expenditures to bring any nonconforming accessory building, accessory structure, fence, wall, sign, off-street parking, vehicular surface areas, private access point or outdoor lighting into full compliance with the City Code are allowed in any amount. The owner may secure any permit or approval and make any alteration that will bring the zoning nonconformity into full compliance.
  7. Amortizing a Nonconformity
    Expenditures required by this UDO to remove a nonconforming site element or bring it into conformity with the UDO are permitted in any amount.
Supplement Number
28