§ 16-324. Nonconforming structures.  


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  • Where a lawful structure exists on the date of adoption of this chapter and fails to meet one or more of the requirements of this chapter, such structure in its entirety is nonconforming; it may be used so long as it is otherwise lawful subject to the following provisions:

    (1)

    No structure may be enlarged or altered in any way which increases its nonconformity unless the enlargement or structural alteration makes the structure more conforming or is required by law. Should this structure be destroyed by any means to an extent of more than 50 percent of the most recent county assessor's full value or market value of the structure at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

    (2)

    Should any structure be moved for any reason for any distance whatsoever, unless such move is required by law, it shall thereafter be made to conform to the regulations for the district in which it is located after it is moved.

    (3)

    Notwithstanding any other provisions of this section, structures substantially damaged or destroyed by the Cerro Grande fire and located on properties listed in the table of properties in this subsection may be reconstructed to the full extent of the building footprint; provided, however, that no structure may be reconstructed in a manner that violates the provisions of an ordinance which sets standards to minimize fire hazards in effect at the time of issuance of the building permit. The term "building footprint" is defined for purposes of this section as the area of the lot covered by the dwelling, not including any accessory structure, as shown on the approved building permit filed in the official records of the county as of May 9, 2000.

    TABLE OF PROPERTIES

    605 A 47th Street

    605 B 47th Street

    613 47th Street

    621 47th Street

    626 47th Street

    637 47th Street

    1047 47th Street

    977 49th Street

    995 49th Street

    4643 A and B Fairway Drive

    4156 Ridgeway Drive

    4178 Ridgeway Drive

    4222 Ridgeway Drive

    4266 Ridgeway Drive

    4288 Ridgeway Drive

    4310 Ridgeway Drive

    4330 Ridgeway Drive

    4418 Ridgeway Drive

    4444 Ridgeway Drive

    4470 Ridgeway Drive

    4496 Ridgeway Drive

    4520 Ridgeway Drive

    4544 Ridgeway Drive

    4568 Ridgeway Drive

    4592 Ridgeway Drive

    4616 Ridgeway Drive

    4792 Sandia Drive

    4900 Sandia Drive

    4920 Sandia Drive

    4930 Sandia Drive

    4653 Trinity Drive

    4709 Trinity Drive

    4727 Trinity Drive

    4745 Trinity Drive

    4911 Trinity Drive

    4967 Trinity Drive

(Ord. No. 85-210, § 3, 1994; Code 1985, § 17.50.040; Ord. No. 85-288, § 1, 11-2-2000)