1. Notwithstanding any other provision of law or zoning ordinance, a nonconforming
structure devoted to residential use and located in a residential zoning district may be
repaired, replaced, improved, maintained, restored, or rebuilt in its entirety even
though the structure is damaged beyond fifty percent of its value if:
a. An application for a building permit is submitted within six months of the date the
damage occurs;
b. Restoration begins within one year of the date the damage occurred;
c. The lot or parcel upon which the structure dedicated to residential use is located
abuts a public right of way; and
d. The new structure will not:
(1)Occupy a portion of the lot which was not occupied by the damaged
structure;
(2)Have more square footage than the damaged structure;
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1. Notwithstanding any other provision of law or zoning ordinance, a nonconforming
structure devoted to residential use and located in a residential zoning district may be
repaired, replaced, improved, maintained, restored, or rebuilt in its entirety even
though the structure is damaged beyond fifty percent of its value if:
a. An application for a building permit is submitted within six months of the date the
damage occurs;
b. Restoration begins within one year of the date the damage occurred;
c. The lot or parcel upon which the structure dedicated to residential use is located
abuts a public right of way; and
d. The new structure will not:
(1) Occupy a portion of the lot which was not occupied by the damaged
structure;
(2) Have more square footage than the damaged structure;
(3) Exceed the height or number of stories of the damaged structure;
(4) Diminish the number of off-street parking spaces located on the property
from the number of spaces before the damage;
(5) Violate existing building and fire codes;
(6) Violate existing sanitary or health standards imposed by the local health
district;
(7) Pose a risk to public health or safety;
(8) Encroach upon a public right of way; or
(9) Encroach upon any neighboring property.
2. Under subsection 1, expansion of a nonconforming structure is prohibited unless the
expansion is in compliance with applicable zoning ordinances and state laws and
rules. The zoning authority shall determine whether a proposed expansion is in
compliance.
3. Under subsection 1, a nonconforming structure may not be moved unless the
movement or relocation will bring the structure into compliance with all applicable
zoning ordinances.
4. Notwithstanding subsection 1, the zoning authority shall regulate the repair,
replacement, improvement, maintenance, restoration, rebuilding, or expansion of
nonconforming uses and structures in floodplain areas to the extent necessary to
maintain eligibility in the national flood insurance program and adhere fully to all
applicable floodplain management ordinances without increasing flood damage
potential or increasing the degree of obstruction to floodflows in the floodway.
5. Notwithstanding section 40-47-13 and subsections 1, 2, and 3, the zoning authority
may create a less restrictive ordinance or regulation.
6. Unless the city determines that the repair, replacement, improvement, maintenance,
restoration, or rebuilding of a nonconforming structure will violate subdivision d of
subsection 1, the city shall issue a building permit to a property owner that meets the
qualifications under subsection 1.
7. For purposes of this section, "nonconforming structure" means a structure that was
legal before a change in ordinance made the structure nonconforming.