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Section 1.5.1.7Nonconforming Principle Structures Section 1.5.1.8Completion of Structures <br /> A. Enlargement.Any nonconforming structure used for a Nothing herein contained shall require any change in the plans, <br /> conforming use may be enlarged or altered; provided, however, construction, or designated use of the following: <br /> that no enlargement, maintenance, repair or alteration shall <br /> either create an additional nonconformity or increase the A. Building in the Approval Process.A building or structure <br /> degree of the existing nonconformity of all or any part of such for which a complete application for a building permit was <br /> accepted by the Chief Building Official on or before the effective <br /> structure. <br /> date of this Development Code or applicable amendments <br /> B. Non-Conforming Build-To Requirements. Principle structures thereto, provided however,that such building permit shall <br /> that do not meet the build-to requirements of the zoning district comply with all applicable ordinances in effect on the date such <br /> are subject to Section 4.3.3.3. application was filed. <br /> C. Reuse of Abandoned or Vacant Buildings by Conforming Section 1.5.1.911einstatement of Nonconforming Rights <br /> Uses Allowed. Buildings or structures which have been vacant <br /> or abandoned for more than six(6) months and do not meet A. Applicability.A property owner may apply to the ZBOA for a <br /> the current area regulations or development standards shall be change in the status of a nonconforming use or nonconforming <br /> allowed to be re-occupied by a conforming use. structure for the following matters: <br /> D. Restoration of Nonconforming Structures 1. Resumption of a nonconforming use previously <br /> abandoned; <br /> 1. Total Destruction. If a nonconforming structure is <br /> destroyed by fire,the elements, or other cause, it may 2. Expansion of the land area of a nonconforming use; <br /> not be rebuilt except to conform to the provisions of this 3. Expansion of the gross floor area of a nonconforming <br /> Development Code unless the rights are fully or partially structure beyond 25%; <br /> re-instated by the ZBOA under Section 1.5.1.9. <br /> 4. Reconstruction of a nonconforming structure that has <br /> 2. Partial Destruction. In the event that a nonconforming been destroyed; <br /> structure that is devoted in whole or in part to a <br /> conforming use is damaged or destroyed, by any means B. Effect. If the ZBOA grants the application for a change <br /> other than voluntary demolition,to the extent of 50%or in nonconforming status, modifications made in the <br /> less the replacement cost of the structure immediately nonconforming use, structure or lot that are consistent with the <br /> prior to such damage, such structure may be repaired and approved application shall enjoy the same status and shall be <br /> reconstructed and used for the same purposes and degree subject to the same limitations as the original nonconformity <br /> as it was before the damage or destruction, provided under this Development Code. <br /> that such repair or reconstruction is commenced with <br /> a valid building permit within 12 months of the date of C. Application Requirements <br /> such damage or destruction unless the rights are fully or 1. Who May Apply.An application for a change in <br /> partially re-instated by the ZBOA under Section 1.5.1.9. nonconforming status may be filed by a property owner <br /> E. Relocation. No nonconforming structure shall be relocated in or the applicant for any administrative or quasi-judicial <br /> whole or in part to any other location on the same or any other development application. <br /> lot unless the entire structure conforms to the regulations of the 2. An application for a change in nonconforming status shall <br /> district to which such structure is relocated. be prepared in accordance with Section 2.8.2.1. <br /> D. An application for a change in nonconforming status shall <br /> contain a detailed written statement of the reasons why the <br /> nonconforming rights should be reinstated <br /> 1:8 San Marcos Development Code Amended: September 1, 2020 <br />