underline-strikeout version of the final draft ordinance - Pima County ...

For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!These exemptions do not preclude any person from liability if that person's actions increase floodhazards to any other person or property. (Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 5(D), 1988)16.12.050Improvements to nNonconforming uses may be permitted when.A. Repairs, reconstruction, or substantial improvements that are made to existing nonconforminguses may only be permitted provided thatwhen:A. Improvements, repairs, reconstruction, or improvements to any structure that is an existingnonconforming use shall conform to the provisions of this title;B. 1. The cumulative cost of Iimprovements, repairs, or reconstruction, or improvements toexisting nonconforming uses are permitted when the cost is less than 50 percent of the value ofthe original structure as determined by:a1. Shown on tThe latest assessment rolls of the County aAssessor before the improvement orrepair is started, orb2. By The market value as determined by estimating the cost to replace the structure in newcondition and adjusting that cost figure by the amount of depreciation that has accrued since thestructure was constructed. The cost of replacement of the structure shall be based on a squarefoot cost factor determined by reference to a building cost estimating guide recognized by thebuilding construction industry. The amount of depreciation shall be determined by taking intoaccount the age and physical deterioration of the structure and functional obsolescence asapproved by the floodplain administrator, but shall not include economic or other forms ofexternal obsolescence. Use of replacement costs or accrued depreciation factors different fromthose contained in recognized building cost estimating guides may be considered only if suchfactors are included in a report prepared by an independent professional appraiser and supportedby a written explanation of the differences.2. The improvements, repairs, or reconstruction conform to all other provisions of this Title; andimprovements do not:a. Increase water surface elevations if located in floodway areas,b. Encroach greater than the limits provided in Section 16.20.040.A if located in floodway fringeareas,c. Encroach further into an erosion hazard area,d. Increase the flood damage risk to the structure by either:i. Lowering the finished floor below that of the existing structure, including conversion of nonhabitablespace into habitable space,ii. Failing to maintain the height of the structure relative to natural grade if on sloped terrain, oriii.Failing to provide an equal level of erosion protection of the existing structure.B. Substantial repairs, reconstruction, or improvements that exceed 50 percent of the value of theexisting nonconforming use shall only be permitted when the entire structure is brought intocompliance with all of the provisions of this Title, including those conditions listed in Section16.12.050.A;C. Any Iimprovements, repairs, or reconstruction or including substantial improvements toexisting historic structures are permitted provided the improvement or the alteration would notpreclude the structure's continued designation as a historic structure.D. No person shall repair or alter property in a piecemeal manner so as to avoid the provisions ofthis section.27