San Marcos Development Code (effective November 3, 2021)

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C H A P T E R

General

Section 1.5.1.7 Nonconforming Principle Structures

Section 1.5.1.8 Completion of Structures

A. Enlargement. Any nonconforming structure used for a conforming use may be enlarged or altered; provided, however, that no enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any par t of such structure. B. Non-Conforming Build-To Requirements. Principle structures that do not meet the build-to requirements of the zoning district are subject to Section 4.3.3.3. C. Reuse of Abandoned or Vacant Buildings by Conforming Uses Allowed. Buildings or structures which have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be re-occupied by a conforming use. 1. Total Destruction. If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this Development Code unless the rights are fully or par tially re-instated by the ZBOA under Section 1.5.1.9. 2. Partial Destruction. In the event that a nonconforming structure that is devoted in whole or in par t to a conforming use is damaged or destroyed, by any means other than voluntary demolition, to the extent of 50% or less the replacement cost of the structure immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes and degree as it was before the damage or destruction, provided that such repair or reconstruction is commenced with a valid building permit within 12 months of the date of such damage or destruction unless the rights are fully or par tially re-instated by the ZBOA under Section 1.5.1.9. E. Relocation. No nonconforming structure shall be relocated in whole or in par t to any other location on the same or any other lot unless the entire structure conforms to the regulations of the district to which such structure is relocated. D. Restoration of Nonconforming Structures

Nothing herein contained shall require any change in the plans, construction, or designated use of the following: A. Building in the Approval Process. A building or structure for which a complete application for a building permit was accepted by the Chief Building Official on or before the effective date of this Development Code or applicable amendments thereto, provided however, that such building permit shall comply with all applicable ordinances in effect on the date such application was filed. Section 1.5.1.9 Reinstatement of Nonconforming Rights A. Applicability. A proper ty owner may apply to the ZBOA for a change in the status of a nonconforming use or nonconforming structure for the following matters:

1. Resumption of a nonconforming use previously abandoned;

2. Expansion of the land area of a nonconforming use;

3. Expansion of the gross floor area of a nonconforming structure beyond 25%; 4. Reconstruction of a nonconforming structure that has been destroyed;

B. Effect. If the ZBOA grants the application for a change in nonconforming status, modifications made in the

nonconforming use, structure or lot that are consistent with the approved application shall enjoy the same status and shall be subject to the same limitations as the original nonconformity under this Development Code.

C. Application Requirements

1. Who May Apply. An application for a change in nonconforming status may be filed by a proper ty owner or the applicant for any administrative or quasi-judicial development application. 2. An application for a change in nonconforming status shall be prepared in accordance with Section 2.8.2.1. D. An application for a change in nonconforming status shall contain a detailed written statement of the reasons why the nonconforming rights should be reinstated

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San Marcos Development Code Amended: November 3, 2021