§ 11.03.07. Nonconforming Density

A.

Generally.

The administrator may certify densities not otherwise meeting the provisions of this Code and authorize utilization of such certified densities as provided in this section.

B.

Density Established as Legally Permissible Under Provisions of Regulations in Effect at the Time of Development.

Densities established legally at the time of development shall be deemed pre-existing and may be certified by the Administrator and allowed to continue provided that:

1.

The general type of residential use is permitted by the zoning of the property or has been determined to be a Legal Non-Conforming Use at the time of certification.

2.

There shall be no increase in density unless approved by the Board of County Commissioners pursuant to E. below.

C.

Repairs and Maintenance of Structures

1.

When a building or structure contributing to a nonconforming density is damaged or deteriorated, as determined by the Administrator, to the extent of 50 percent or more of the building's or structure's assessed taxable value, such building or structure shall not be restored, except to the extent permitted by the maximum density of the zoning district or to a permitted accessory use which does not contribute to density, or as provided in D. and E. below.

2.

Repairs and maintenance of any building contributing to nonconforming density may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the current replacement value of the building. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition any building or part therefore declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

D.

Acts of God.

The rebuilding of structures contributing to a nonconforming density that are damaged or destroyed by an Act of God may occur at any time without a Nonconforming Density Special Use Permit.

E.

Density Increase or Rebuilding

1.

Any property owner wishing to increase or rebuild structures contributing to a legal nonconforming density shall apply for a Nonconforming Special Use Permit in accordance with the provisions set forth in Part 10.03.00 of this Code. Said increase or rebuilding shall only be permitted where the Board of County Commissioners finds no significant adverse effects of such nonconformity on adjacent properties.

2.

A density increase shall not occur more than once and shall not exceed 50 percent of the existing density.

3.

Notwithstanding the foregoing, mobile home parks in the Urban Service Area with legal nonconforming densities may be redeveloped with affordable housing at the same density with any housing type pursuant to the affordable housing requirements of Section 6.11.07 of this Code and connection to public water and wastewater services without a Nonconformity Special Use Permit. The project shall be subject to the affordable housing standards in Sections 6.11.07 and 6.01.02 of this Code for the RSC-9 district unless alternative standards are necessary to achieve the permitted density. Such alternative standards shall be subject to approval of the Administrator as being the minimum necessary for the provision of affordable housing pursuant to Section 6.11.07 of this Code. If alternative standards are requested, the applicant shall provide written justification with a detailed explanation of why the alternative standards are necessary to achieve the permitted density.

(Ord. No. 00-38, § 2, 11-2-00; Ord. No. 18-30, § 2(Exh. A), 10-11-18, eff. 10-18-18)