According to the code, a nonconforming structure is a building that was in compliance with the city building code when it was built but is no longer in compliance with new regulations or zoning.
At a council meeting May 19, city building inspector Mike Alexander said he had been interpreting the city code to consider a project as a reconstruction of any portion of the original structure that was maintained in the new construction. Homes that are reconstructions and have nonconformances, like an encroachment into a setback, have them grandfathered in; new construction projects are required to comply with modern setbacks, he said.
“The way the code was being enforced is if [a homeowner] saves a little strip of foundation encroaching in the setback but builds an entirely new house, it was considered a reconstruction,” Alexander said.
Alderman Gavin Massingill presented an amendment to the code Wednesday, which the council motioned to send to the city’s planning and zoning commission for feedback.
Massingill said the code amendment would make it so a nonconforming structure may not be altered in a way that increases the extent of its nonconformance.
The code amendment would require nonconforming structures that are issued building permits to be brought into compliance if:
- the structure is completely demolished;
- at least 50 percent of the structure is being remodeled based on the original structure’s square footage; or
- the portion of the home that involves the nonconformance is being remodeled.
Massingill said remodels of nonconforming structures that are triggered by fires or natural disasters do not have to be brought into compliance unless the new structure increases the extent of nonconformance.
Likewise, remodels that only change the interior of the home, windows, doors or roofing would not have to be brought into compliance, he said.
The P&Z commission recommended the city change the code’s language to reflect if a homeowner voluntarily changes a nonconforming structure, he or she should be required to bring the structure into compliance by modifying the home or applying for a variance, City Attorney Doug Young said. Remodels that exclusively altered the interior of the home would be an exception to the rule, he said.
