9-50-20 RESTORATION WITHOUT SIGNIFICANT CHANGES

A non-conforming structure may be restored without significant changes subject to the compliance with the standards in this section.

(a) Building Permit
- A building permit for reconstruction must be issued within two (2) years of the date of demolition or destruction, whichever occurs first. The Board may approve an extension to the deadline if a development application is submitted and approved according to the procedures and conditions outlined in Secs. 2-20-20 and 2-30-20.
(b) Conformance with Old Building or Use
- The proposed building restoration must conform in terms of use, number of dwelling units, configuration and area and bulk to the building that was partly or fully demolished by the owner or that was destroyed. The restoration may include insignificant modifications to the original design if the Community Development Director finds that such modifications are necessary to allow the use or structure to meet basic life, health, and safety standards of the adopted building code.
(c) Restoration, Repair, Reconstruction, Replacement, Remodel, and Additions to Legal Non-conforming Structures
- A legal non-conforming structure may be expanded, repaired, restored, reconstructed, replaced, or remodeled as long as the activity does not increase the non-conformity. Prohibited enlargement of the non-conformity shall include, but not be limited to: expansion of the gross floor area where the floor area for the zone district has been exceeded and expansion of the structure in to the setbacks, including an increase in the mass of the existing structure within the setbacks; expansion of the structure into any other area where the development standards or the building codes prohibit development. Expansion of the structure into the setbacks, including an increase in the mass of the existing structure within the setbacks is prohibited, except in riparian/wetland setbacks, in which height and bulk may be added to an existing residential structure with no change to the existing footprint of the structure, subject to compliance with the following criteria:

A site specific analysis shall be submitted to prove that there is no area on the property that can be used for expansion/development outside of he one hundred (100) foot setback, without encroachment into the following area(s) prohibited from development in Section 7 of the Land Use Code.
- (a) Slope;
- (b) Floodplain
- (c) Geologic Hazard
- (d) Severe Wildfire
- (e) Wildlife Habitat
In the event that no developable area exists outside of the 100 foot riparian/wetland setback, expansion of a structure shall be subject to compliance with the following criteria:
- (a) The Environmental Health/Natural Resources Department finds that the related septic system or other wastewater treatment system may be adequately accommodated without detriment to the wetland/riparian stream habitat:
- (b) No Transferable Development Rights (TDRs) shall be used on site for any purpose;
- (c) There shall not be removal of vegetation or other existing visual buffers between the proposed structure and the stream.
- (d) Expansion shall be limited to one additional floor directly over the existing footprint of the structure (footprint does not include appurtenant decks) (subject to all applicable Code provisions, including standard maximum height restrictions defined in Table 5-1A, “Dimensional Requirements.”); and
- (e) Expansion shall be limited to above-grade space only.
- Addition of height and bulk shall be subject to approval of a construction management plan by the Pitkin County Planning Engineer, and any other applicable permits.
Notwithstanding paragraphs (1) and (2) above, any residential structure that is legally non-conforming with respect to riparian/wetland setbacks is permitted a one-time total 300 sq. ft. above grade attached expansion without requirement of a demonstration that no developable area exists outside of the 100 foot setback area. This expansion must maintain at least a 50 foot riparian/wetland setback, and there must be demonstration to the satisfaction of the Environmental Health/Natural Resources Department that the expansion can be sited without detriment to the wetland/riparian habitat. A riparian/wetland mitigation plan that outlines improvement and/or restoration of the subject property may be required to be submitted to the Community Development Director for review, approval, and implementation as part of this analysis in order to obtain this exemption.

Code repealed and reenacted Ord. No. 14-d, 2006 - § 9-50-20 amended (part) Ord 21-07, 07-24-07; Ord 024-08, 07-23-08; Ord. 002.2013, 01-23-13)

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9-50-20 RESTORATION WITHOUT SIGNIFICANT CHANGES

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