Planning Commission Recap

In Wednesday’s meeting (January 7) the Planning Committee resumed the task of defining the word “removed (Code 10-21-3)” and the phrase “ordinary maintenance and repair (Code 10-21-8)” as it applies to a non-compliant structure, especially when a home or business owner wishes to remodel the building.

Tom Dansie, town staff member, guided the discussion by presenting possible circumstances, or scenarios, which he had created. Four of the examples focused on noncompliant homes; the other two, noncompliant commercial buildings. In all six examples the major noncompliance was inappropriate setbacks.

Planning commission members were asked to determine in each example how much of the structure could be eliminated before the town dictates that the remodeled structure must meet all current ordinances. Also, members were urged to determine what characteristics of the renovated structure would be allowed, such as change in height or a rear addition.

There was a general sentiment to allow rebuilding on the original footprint of the structure as long as there was a minimum safe distance between homes and businesses.

The commission became skeptical of the restructure of a noncompliant dwelling if the owner wished to make any additions to the home. However, that potential problem is handled by 10-21-8B-1b which states “A single-family dwelling having nonconforming aspects as to setbacks, additions or alterations shall be permitted on the first floor if such addition or alteration will not result in expansion of any existing nonconformities or creation of new nonconformities.”

The commission agreed with Tom’s suggestion that the zoning in each neighborhood should be reviewed and altered so that all existing homes are compliant, thereby retaining the individual character of the neighborhood.

The commission requested that Tom’s staff develop language, in a revised building ordinance, that would allow businesses that want to renovate their noncompliant structures to gain town approval through compliancy on issues other than setbacks, such as complying with necessary landscaping or sufficient parking.

A number of commercial buildings within Springdale are nonconforming. The commission considers these divergencies as providing an “eclectic nature” and “adding character” to the town. Their submission to the town’s ordinances will come over the next 20 to 30 years when they will have to meet current or future codes at the time of their replacement.

Title 10 - Land Use Ordinance Chapter 21 - Nonconforming Uses

10-21-3: - Noncomplying Buildings:

A noncomplying building or structure in any zone may be continued, provided no additions, enlargements or alterations are made to said building, except as allowed or required by law or as provided in other sections of this chapter. If any such noncomplying building is removed, every future building on the lot or parcel of land shall comply with the provisions of this title.

10-21-8: - Maintenance, Repair, Alteration and Improvements to Noncomplying Building or Structure:

Anything in this chapter notwithstanding, the following shall regulate the maintenance, repair, alteration and improvement of noncomplying buildings and structures. In all cases, where works constitute a substantial alteration of a structure, the works shall include measures, as necessary, to ensure the structure complies with town's current flood hazard reduction provisions, as set out in section 10-13A-8 of this title.

A.Ordinary maintenance and repair: Ordinary maintenance and repair of noncomplying buildings and structures is allowed so long as such maintenance or repair will not result in expansion of any existing nonconformities or creation of new nonconformities. "Ordinary maintenance and repair" means improvements made to a building for the purpose of keeping the structure in a state of repair and protecting the structure from failure or decline. The term shall also apply to the rehabilitation of a building or structure which is in disrepair for the purpose of making the structure safe and sanitary, in accordance with local building code. Further, interior improvements within existing walls, not resulting in additional habitable space, shall be permitted.

B. Alterations:

1. Single-family dwellings:

a. A single-family dwelling having nonconforming aspects may be altered or added to if such alteration or addition will not result in expansion of any existing nonconformities.

b. A single-family dwelling having nonconforming aspects as to setbacks, additions or alterations shall be permitted on the first floor if such addition or alteration will not result in expansion of any existing nonconformities or creation of new nonconformities.

2. Multi-family dwelling or commercial building: A duplex, multi-family dwelling or commercial building or structure having nonconforming aspects, but having a use that is conforming, may be altered or added to, with the approval of the Town Council, provided such alteration or addition will not result in an expansion of any existing nonconformities or creation of new nonconformities.

(Ord. No. 2023-01, § 2, 2-8-2023)