Page 77 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 134-7. NONcONFOrMitieS

Nonconforming Structures

7.4.3 USe D. The cap type regulations of the applicable building
A nonconforming building may be used for any use type must be met when the shape or style of more
allowed in the district in which the structure is located, than 60% of the roof is changed and 30% or more of
including a lawfully established nonconforming use. the façade is within the required build-to zone.
7.4.4 MOVeMeNt 7.4.6 DAMAGe Or DeStrUctiON
A nonconforming building may be moved in whole or A. If a nonconforming building is damaged or
in part to another location on the same lot only if the destroyed by any means beyond the control of the
movement or relocation eliminates the nonconformity. property owner, the nonconforming building may
7.4.5 AlterAtiON, eNlArGeMeNt Or cHANGe be re-established to the extent it existed before
the damage or destruction, provided that a permit
A. Any modification to a lawfully building that does application to allow the re-establishment is filed
not meet the building type or design regulations within 6 months of the damage or destruction.
of Chapter 135 that adds more than 50% to the
floor area existing on the effective date specified B. If a nonconforming building is demolished, modified,
in section 134-1.3 must comply with all applicable damaged or destroyed by intentional act of the
building type or design regulations of Chapter 135. property owner to the extent of 6050% or more
For the purposes of calculating the amount of floor of its replacement cost at time of demolition,
area being added, all floor area added since the modification, damage or destruction, the
effective date specified in section 134-1.3 must be nonconforming building may not be re-established.
included. 7.4.7 MANUFActUreD HOUSiNG UNitS 4
B. Any facade being added or replaced must comply Nonconforming manufactured housing units may
with the building type regulations of Chapter 135 if be occupied and maintained and if damaged or
any of the following criteria apply: destroyed may be reconstructed, provided that if the
1. New exterior facades are being added as a result dwelling is damaged or destroyed by any means to
of the addition of floor area; the extent of 50% or more of its replacement cost
at the time of damage or destruction, it may not be
2. More than 30% of the exterior facade material is reconstructed unless a permit application to allow
being replaced; the re-establishment is filed within 6 months and the
3. More than 30% of the windows on any exterior reconstructed dwelling::
facade are being replaced; A. Remains within the original building footprint
4. Doors or balconies located on any exterior without an increase in the gross floor area; and
facade are being replaced. B. Complies the building type regulations of the subject
c. If the facade exists or will be constructed within zoning district.
the build-to zone, compliance with the facade
requirements of the applicable building type, not 134-7.5 Nonconforming Structures
including the cap types, is required if any one of the
following criteria apply to the building modification 7.5.1 DeScriPtiON
or expansion: A nonconforming structure is a structure, other than
1. New exterior facades are being added as a result a building or a sign, that was lawfully established but
of the addition of floor area; that no longer complies with the applicable provisions
of this zoning ordinance or with the building type or
2. More than 2 additional exterior doors are being design regulations of Chapter 135 because of the
added or installed;; adoption or amendment of zoning, building type or
3. The area of exterior windows is being expanded design regulations after the structure was established.
by more than 30&%; 7.5.2 MOVeMeNt
4. More than 30% of the exterior facade material is A nonconforming structure may be moved in whole or
being replaced; in part to another location on the same lot only if the
5. Doors or balconies located on any exterior 4 These provisions were originally in the zoning upon an-
facade are being replaced. nexation section and did not specifically call-out “manu-
factured housing” as the issue. Need to confirm that the
provisions works, as edited.

CITY OF DES MOINES CHAPTER 134: ZONING DRAFT 134-7-5