§ 25-2-963. MODIFICATION AND MAINTENANCE OF NONCOMPLYING STRUCTURES.

(A)

Except as provided in Subsections (B), (C), and (D) of this section, a person may modify or maintain a noncomplying structure.

(B)

The following requirements must be met in order to modify, maintain, or alter a non-complying residential structure:

(1)

Demolition or removal of walls must comply with the following requirements:

(a)

No more than fifty percent of exterior walls and supporting structural elements of the existing structure may be demolished or removed, including load bearing masonry walls, and in wood construction, studs, sole plate, and top plate. For purposes of this subsection, exterior walls and supporting structural elements are measured in linear feet and do not include the roof of the structure or interior or exterior finishes.

(b)

Replacement or repair of structural elements, including framing, is permitted if required by the building official to meet minimum health and safety requirements.

(2)

Replacement or alteration of an original foundation may not change the finished floor elevation by more than one foot vertically, in either direction.

(3)

For any residential use other than a single-family use in an SF-3 or more restrictive zoning district, the following requirements must be met in order to add square footage or convert accessory space into conditioned or habitable space:

(a)

If the lot is non-complying with current lot size or lot width requirements, the cost of improvements may not exceed 20 percent of the value of the structure before the improvements.

(b)

Compliance with current parking and occupancy regulations is required.

(4)

If a noncomplying portion of a structure is demolished, it loses its noncomplying status and may only be rebuilt in compliance with current code.

(C)

Except as provided in Subsections (E) and (F), a person may not modify or maintain a noncomplying structure in a manner that increases the degree to which the structure violates a requirement that caused the structure to be noncomplying.

(D)

The following requirements must be met in order to repair, reinforce, modify, or maintain a non-complying dock, bulkhead, or shoreline access as defined in Section 25-2-1172 ( Definitions ):

(1)

the use must be an accessory use in compliance with Section 25-2-893(G) ( Accessory Uses for a Principal Residential Use );

(2)

except as allowed under Section 25-8-652 ( Restrictions on Development Impacting Lake Austin, Lady Bird Lake, and Lake Walter E. Long ):

(a)

the location and footprint may not be altered; and

(b)

the degree of noncompliance may not be increased;

(3)

a survey of existing conditions must be included with the site plan or building permit application and must depict current elevations, contours, trees, and any other information required by the building official;

(4)

demolition is subject to the limitation in Subsection (B)(4) of this section;

(5)

dock structural components, including load bearing beams, walls, piers, and roofs, may be altered or replaced without reducing the legally existing length, height, or horizontal footprint of the dock, provided that the dock complies with:

(a)

the limitation in Subsections (D)(7)—(8) of this section; and

(b)

all other applicable regulations of Article 13 ( Docks, Bulkheads, and Shoreline Access ) and Section 25-2-893 ( Accessory Uses for a Principal Residential Use );

(6)

no increase is allowed to:

(a)

the number of walls;

(b)

the height, width or depth; or

(c)

the number of slips or mooring capacity; and

(7)

for a dock, bulkhead, or shoreline access constructed after January 1, 1984, the applicant must provide evidence of a prior permit authorizing the construction; and

(8)

for a dock, bulkhead, or shoreline access constructed prior to January 1, 1984, no unpermitted additions or alterations that occurred after January 1, 1984 are allowed.

(E)

A person may increase the height of a building that is a noncomplying structure based on a height requirement of this title if:

(1)

the increase is made to a portion of the building that:

(a)

does not exceed the existing maximum height of the building; and

(b)

complies with the yard setback requirements of this title;

(2)

the increase does not exceed 15 percent of the existing maximum height of the building; and

(3)

after modification, the height of the modified portion of the building does not exceed the existing maximum height of the building.

(F)

A person may modify a building that is a noncomplying structure based on a yard setback requirement of this title if:

(1)

the modified portion of the building:

(a)

does not extend further into the required yard setback than the existing noncomplying portion of the building, except for a vertical change in finished floor elevation allowed under Subsection (B)(2) of this section;

(b)

unless located in a street side yard, is not greater in height than the existing noncomplying portion of the building, except for a vertical change in finished floor elevation allowed under Subsection (B)(2) of this section; and

(c)

complies with the height requirements of this title; and

(2)

the additional length of a modified portion of the building does not exceed the lesser of 50 percent of the length of the noncomplying portion of the building or 25 feet measured from the existing building and parallel to the lot line.

(G)

Subsection (F) applies to each yard setback requirement with which the existing building does not comply.

(H)

A person may modify a noncomplying building once under Subsection (E) and once under Subsection (F). This section does not prohibit a person from modifying a building along more than one yard setback as part of a single project.

Source: Sections 13-2-820 and 13-2-823; Ord. 990225-70; Ord. 031211-11; Ord. 20060216-043; Ord. 20060309-058; Ord. 20060622-022; Ord. 20060928-022; Ord. 20100624-149; Ord. 20101209-075; Ord. No. 20140626-113, Pt. 4, 7-7-14 .