Sec. 153.427 - Nonconforming structures and buildings in

This Section applies to structures and buildings for human occupancy. Structures or buildings that are nonconforming because they are located within fault setback zones shall not be altered in any way that would increase or create an additional nonconforming attribute, except as authorized in this section.

(A)

Structures and buildings within fault setbacks that cross a fault trace may not be enlarged, but may be maintained or altered provided:

(1)

Any work performed does not create any additional habitable space within the structure, including reconfiguring existing space, including attics, to add additional bedrooms; and

(2)

That the construction work incorporate seismic strengthening to increase structural safety as recommended by the Building Official and Town Geologist as being reasonably commensurate with the work subject to the building permit; and

(3)

That the amount of proposed work does not exceed the 50 percent threshold as set forth in Section 150.01(J). In the event the proposed work does exceed the 50 percent threshold, then the applicant shall follow the procedures for new building development in geologic hazard areas, as set forth above in this subchapter.

(B)

Structures and buildings located within fault setbacks, whether partially or completely, that do not cross a fault trace may be maintained, altered, remodeled, and may be enlarged once by up to 500 square feet so long as such increase in floor area shall not cause the structure or building to exceed the floor area limits of the zoning ordinance in effect at the time of the application, and further provided:

(1)

That the construction work incorporate seismic strengthening as recommended by the Building Official and Town Geologist as being reasonably commensurate with the work subject to the building permit; and

(2)

Any enlargement shall be located on the side of the structure or building that is furthest from the fault trace; and

(3)

Any enlargement shall be single story constructed at grade level; basement and second story enlargements are prohibited.

(C)

The process for approving any allowable alterations as set forth in subsections (A) and (B), above, is as follows:

(1)

A building permit for the proposed alterations shall be obtained. A site specific Fault Investigation Report, consistent with the requirements of Section 153.426, must be submitted as part of the building permit application.

(2)

The Planning Director and the Building Official, or their designated representatives, shall review all applications for alterations to structures or buildings, and all data submitted to determine compliance with all applicable provisions of this section. Such applications shall be referred to the Town Geologist for review and recommendation.

(3)

The permit shall be reviewed and approved in accordance with current codes and ordinances that would be applicable if the structure were conforming. Recommendations in the Fault Investigation Report and those made by the Town Geologist must be incorporated into any building permit approval.

(4)

A development entitlement requiring a public hearing (e.g., Design Review, Variance, Exception) shall be obtained if required for the specific project. A site-specific Fault Investigation Report must be submitted as part of the entitlement application for preliminary review by the Building Official and Town Geologist.

(Ord. 2020-608, § 2(Exh. A), effective 4-23-20)