HomeMy WebLinkAboutCC Non Conforming Presentation 11-18-2015CITY COUNCIL
NONCONFORMING STRUCTURES
NOVEMBER 18, 2015
NONCONFORMING STRUCTURE
REGULATIONS
BACKGROUND
•Nonconforming Structure regulations adopted September 16, 2009.
•“Nonconforming Structure” defined as structures legally constructed & existing prior to a change in a
development standard.
•Most common are single-family homes w/ setback encroachments.
•City Code includes thresholds to limit alterations & repairs that can be made to nonconforming structures.
All new work must conform.
Minor Repair and Alterations –work valued at 20% or less of structure construction value.
Subject to a building permit issuance.
Major Repair and Alterations –work valued greater than 20% and not exceeding 50% of structure
construction value. Subject to PC review & specific findings prior to
building permit.
•Simplifying nonconforming regulations in Council approved Planning Commission Work Plan.
•Specific Direction from City Council-April 15, 2015
•Planning Commission Study Sessions-August 11, 2015 & September 22, 2015
•Planning Commission Public Hearing-October 28, 2015
NONCONFORMING STRUCTURE
REGULATIONS
City Council Direction
Consider alternative thresholds that may be easier to understand and achieve the same overall goal -such
as limiting overall square footage.
Nonconforming structures are to be brought into conformance over time.
Provide relief for historic buildings so they can be preserved –not brought into conformance.
Majority of nonconforming structure additions to be reviewed administratively.
Distinguish between interior/exterior remodels when calculating work limits on nonconforming structures.
Allow exceptions when structures nominally encroach into setback areas and proposed construction would
create inconsistency in the aesthetics of the structure.
NONCONFORMING STRUCTURE
REGULATIONS
PROPOSED DRAFT ORDINANCE:
•Uses floor area (square footage) as an alternative threshold to lifetime construction assessed valuation
for determining when a entire structure must be made to comply with the Code.
•Uses adopted demolition definition as the trigger for determining when structure “over time” must
comply with the requirement that structure must be brought into compliance.
-Demolition: removal of 50% of exterior walls and 50% of roof OR
removal of 50% of exterior walls and 50% of interior walls
•Provides an exception for historic structures and encourages property owner listing on the City’s
Heritage Resources List, Historic Landmarks List, or State and National Historical Lists.
•Allows the majority of additions and remodeling to be reviewed administratively by staff but maintains
thresholds for Planning Commission review (e.g. commercial, multi-family, 2nd story additions, FAR
exceeding 6,000 square feet, etc.)
•Distinguishes between interior only and exterior remodels and allows interior only remodels.
•Allows an extension of a non-conforming side yard setback for a building wall for up to 15 feet as long as
a minimum 6 foot distance to property line is maintained.
-Encroachments 1 foot or less approved via building permit review process.
-Encroachments > 1 foot reviewed as part of an Administrative Design Review Application.
NONCONFORMING STRUCTURE
REGULATIONS
RECOMMENDED ACTION:
1.Conduct a public hearing.
2.Introduce and waive the first reading of the ordinance.
3.Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of
the City Council.