§ 21.55.040. Nonconforming structures.  


Latest version.
  • A.

    Where a lawful structure existed at the original effective date of adoption or amendment of applicable regulations that could not be built under the terms of current regulations set forth in chapters 21.35 through 21.50 by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

    1.

    No such nonconforming structure may be enlarged or altered in a way that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

    2.

    Should such nonconforming structure or nonconforming portion of structure be damaged by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title.

    3.

    Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

    4.

    A residential structure in a residential zone may be enlarged, so long as the addition to the structure conforms to all the requirements set forth in this title.

    B.

    Notwithstanding subsections A.1. through A.4. of this section, mobile homes may be repaired or moved within the lot in compliance with setback and yard requirements if the mobile home occupied the lot at the time of adoption of applicable regulations.

    C.

    Notwithstanding subsections A.1. through A.4. of this section, community interest and local interest towers may be repaired and maintained in accordance with 21.55.060 B. of this chapter.

    D.

    Legalization of nonconforming dimensional yard setback encroachments.

    1.

    Existing structures with dimensional encroachments into required yards which were constructed prior to January 1, 1986, may continue in existence provided the following requirements are met:

    a.

    an application for the registration of nonconforming encroachment is submitted to the office of planning, development and public works; and

    b.

    the encroachment is determined not to be a life safety hazard by the executive director of the office of planning, development and public works or his/her designee.

    2.

    Procedures for registration. Application for the registration of nonconforming encroachment shall be submitted to the office of Planning, development and public works. This application shall be on a form provided by the office of planning, development and public works, which will require an as-built drawn by a land surveyor registered in the State of Alaska, which shows all structures on the lot at the date of application, as well as information supporting the assertion that the structure and encroachments were constructed prior to January 1, 1986. The municipality may require the petitioner to provide additional information to support this application.

    a.

    The executive director of the office of planning, development and public works, or his/her duly appointed designee, shall review the encroachment to determine conformance with applicable municipal code in existence at the time of construction.

    b.

    Within 30 days of receipt of all requested information and upon an adequate showing that the requirements stated in subsection 1. are met, the director or his/her designee shall issue or deny a certificate permitting the continued use and existence of the encroachment. The director may impose such conditions on the certificate as he/she may determine are appropriate to protect the general welfare. The certificate shall note the size and characteristic of the yard encroachment and the structure. A copy of the required as-built shall be attached thereto.

    3.

    Once registered, the encroachment shall enjoy all the protections and privileges afforded to a nonconforming structure under the provisions of this chapter.

    4.

    Any aggrieved person may appeal the grant or denial of a certificate to the zoning board of examiners and appeals.

(GAAB 21.05.070.D; AO No. 88-147(S-2); AO No. 99-62, § 36, 5-11-99; AO No. 2001-117, § 3, 7-10-01; AO No. 2001-161, § 1, 1-8-02)