Rebuilding Damaged or Destroyed Nonconforming Structures in the City of Grass Valley
Under the City of Grass Valley Development Code, nonconforming residential dwellings that are involuntarily damaged or destroyed may be rebuilt with the same footprint, height, and number of units regardless of the cost of damage. For non-residential nonconforming structures in the City of Grass Valley, rebuilding without a new discretionary permit is only permitted if the cost of repair is 50% or less of the structure’s assessed value before the damage occurred. If the repair costs exceed this 50% threshold, the owner must obtain a Minor Use Permit to continue the nonconforming status [Section 17.90.050].
General Regulations for Non-Residential Structures
The City of Grass Valley Development Code generally discourages the long-term continuance of nonconformities to encourage their eventual elimination. If a non-residential nonconforming structure is involuntarily damaged or destroyed (such as by fire or natural disaster), its legal nonconforming status typically terminates unless specific conditions are met regarding the extent of the damage [Section 17.90.050.B].
The following table outlines the requirements for rebuilding non-residential structures based on the cost of damage:
| Extent of Damage (Cost to Repair/Replace) | Rebuilding Requirements and Conditions |
|---|---|
| 50% or less of the assessed value | The structure may be restored to no more than the same size and use, provided restoration starts within 12 months and is diligently pursued [Section 17.90.050.B.1]. |
| More than 50% of the assessed value | Requires approval of a Minor Use Permit. The City must find that the benefit to public health, safety, or welfare exceeds the detriment of continuing the nonconformity [Section 17.90.050.B.2]. |
Residential Exceptions in the City of Grass Valley
The City of Grass Valley provides broader protections for residential nonconforming buildings. According to the City of Grass Valley Development Code, single-unit or multi-unit dwellings that are involuntarily damaged or destroyed are not subject to the 50% valuation rule mentioned above.
A nonconforming residential structure may be reconstructed or replaced provided that the new structure maintains:
- The same footprint as the original structure;
- The same height as the original structure; and
- The same number of dwelling units.
Reconstruction must still comply with all current City of Grass Valley building and fire code requirements [Section 17.90.040.A].
Historical and Design Combining Zones
Specific rules apply to buildings within the City of Grass Valley's Design (-D) Combining Zone. If a historical building in this district is damaged by an "act of God," such as an earthquake or fire, the owner is permitted to repair the building. However, the owner must first secure a permit from the Planning Commission or its authorized representative before commencing work [Section 17.28.030.E.1].
For non-historical buildings in the -D Combining Zone, any owner intending to relocate or make alterations to the exterior must also secure approval from the commission prior to construction or the issuance of a building permit [Section 17.28.030.E.2].
Southeast Industrial District (SEID) Combining Zone
In the Southeast Industrial District (SEID) of the City of Grass Valley, the Development Code protects existing nonconforming uses and activities that were in place at the time the zone was adopted. The City of Grass Valley is prohibited from imposing restrictions or limitations on the hours of operation, number of employees, or noise levels for these established legal nonconforming uses [Section 17.28.080.H].
Sections Cited
- Section 17.28.030 - Design (D) combining zone.
- Section 17.28.080 - Southeast industrial district (SEID) combining zone.
- Section 17.90.010 - Purpose.
- Section 17.90.040 - Residential exceptions.
- Section 17.90.050 - Loss of nonconforming status.