Sec. 153.987 - Nonconforming structures, uses, and paved area and surface coverage.

(A)

Any existing structures, site improvements, and uses on an SB9 lot that do not conform to the land use and development regulations in this section shall become nonconforming once the lot is converted to an SB9 lot from completion of an SB9 lot split or SB9 housing project. Any nonconforming uses or structures on an SB9 lot are not subject to the regulations in Sections 153.230—153.239 and shall be subject to the regulations within this section.

(B)

A nonconforming use or structure may be continued, except as otherwise provided in this section.

(C)

Maintenance may be performed on a nonconforming structure.

(D)

Nonconforming uses shall not be altered, increased, enlarged, or established.

(E)

Nonconforming structures may be altered if such alteration does not result in a change of use, other than a conversion to an SB9 unit if such conversion complies with the minimum development standards in this section, and complies with the following:

(1)

Demolition or structural alterations of more than 25 percent of the existing structural walls shall not occur unless materials submitted with the permit application include the following:

(a)

An notarized affidavit from the property owner that a residential unit subject to complete or partial demolition or structural alteration has not been occupied by a tenant in the previous three years from the date of application;

(b)

Removal of the nonconforming accessory structure, without replacement;

(c)

Details including modifications to an existing residential unit to comply with the minimum development standards for SB9 units in this section, and all Chapter 150 (Building Regulations); or,

(d)

Details that demonstrate that: any proposed reconstruction of such demolition replaces all exterior structure features (e.g., walls; window and door sizes and locations; roofs, etc.), as it currently exists unless modifications are required by Chapter 150 (Building Regulations) and consistent with this section; the modifications reduce the nonconformity removing, not altering, existing structure features, or the modifications comply with the objective design standards as noted in subsection (2).

(2)

Modifications to the exterior of the structure shall comply with the objective design standards, such as, exterior materials windows, doors, lighting location/fixture types, and, roofing;

(3)

Increases to the existing, or the creation of new, nonconforming attributes are prohibited.

(4)

Increases/expansion to the existing footprint, plate heights, and overall structure height are prohibited.

(5)

Mitigation required for structures in areas listed in Section 153.983, shall not conflict with the other requirements of Section 153.986;

(G)

Nonconforming paved area and surface coverage shall be subject to the following:

(1)

Paved area and surface coverage may be repaired or replaced in the same location.

(2)

Paved area and surface coverage totaling no more than 250 square feet may be relocated within a 12 consecutive month period. The 12 consecutive month period shall begin on the date of receiving a final inspection of the relocated materials.

(3)

Paved area and surface coverage totaling more than 250 square feet may be relocated if: the relocation will result in elimination of the nonconformity; or, the relocation will result in a reduction of 25 percent or more of the paved area and surface coverage which exceeds the maximum permitted paved area and surface coverage for the SB9 lot.

(Ord. 2022-624, § 4(Exh. B), effective 2-10-22)