Setback Exceptions for Nonconforming Structures in Concord
Nonconforming structures in the City of Concord may be maintained, repaired, and improved, though they cannot be expanded to increase their degree of nonconformity. Structural alterations to nonconforming multifamily and nonresidential structures are permitted if the cost of work in a 12-month period does not exceed 50 percent of the structure's value, or if authorized through a minor use permit for more extensive work.
General Provisions for Nonconforming Structures
A nonconforming structure is defined as a structure that was legally constructed prior to the adoption or amendment of the Concord Development Code but does not currently conform to the development standards in Division II of the Concord Development Code, with the exception of minimum floor area ratio (FAR) requirements [Section 18.530.030].
A nonconforming structure may be repaired and maintained at the discretion of the owner, provided such actions do not increase the degree of nonconformity [Section 18.530.030].
Maintenance and Improvement Thresholds
The ability to perform repairs, maintenance, and additional improvements on nonconforming multifamily and nonresidential structures in the City of Concord is regulated by the value of the structure:
| Improvement Type | Value/Cost Threshold | Required Permit/Approval |
|---|---|---|
| Repairs, Maintenance, and Improvements | Up to 50% of structure value (in 12-month period) | Building Permit (No structural alterations) |
| Repairs, Maintenance, and Improvements | Greater than 50% of structure value (in 12-month period) | Minor Use Permit |
Additional Standards for Improvement
- Structural Alterations: Structural alterations are generally prohibited for nonconforming structures unless required for seismic retrofitting or to comply with building and fire codes [Section 18.530.030].
- Foundation Work: Costs related to required foundation work are excluded from the 50 percent limitation calculation [Section 18.530.030].
- Seismic and Safety: Repairs, alterations, or reconstruction necessary to reinforce unreinforced masonry structures to comply with building and fire codes are permitted, provided the work is strictly to comply with applicable earthquake safety standards [Section 18.530.030].
Involuntary Damage or Destruction
If a nonconforming structure is involuntarily damaged or destroyed by a calamity (e.g., fire, earthquake), the following standards apply regarding reconstruction:
| Damage Level | Reconstruction Permission | Requirements |
|---|---|---|
| 50% or Less | Allowed | Restoration to same size; must start within 180 days of damage and complete within 12 months. |
| Greater than 50% | Prohibited | Must reconstruct in full conformity with current zoning district requirements. |
Sections Cited
- Section 18.530.030 (Nonconforming uses and nonconforming structures)
- Section 18.530.060 (Exemptions)