Rebuilding Damaged or Destroyed Nonconforming Buildings in Mesa
A lawful nonconforming building in the City of Mesa may be rebuilt by right to its original dimensions and configuration if the cost of repair is 50 percent or less of its construction value. If the damage exceeds this 50 percent threshold, the structure must typically be brought into full compliance with current Mesa Zoning Ordinance standards, unless a Special Use Permit is obtained from the Mesa Zoning Administrator to restore the previous nonconforming state [Section 11-36-6].
The 50 Percent Rule for Mesa Nonconforming Structures
The City of Mesa regulates the reconstruction of nonconforming buildings based on the severity of the damage relative to the building's construction value. This value is calculated excluding the cost of the foundation. The following table outlines the requirements for rebuilding based on the extent of the damage:
| Damage or Repair Cost (Relative to Construction Value) | Mesa Rebuilding Standards | Administrative Requirement |
|---|---|---|
| 50% or Less (excluding foundation) | Replacement must match previous size, extent, and configuration | Allowed by right [Section 11-36-6(A)] |
| Greater than 50% (excluding foundation) | Structure must generally comply with all current Mesa Zoning Ordinance standards | Compliance with current code [Section 11-36-6(B)] |
| Greater than 50% (excluding foundation) | Permission to rebuild to previous nonconforming state | Special Use Permit (SUP) [Section 11-36-6(B)] |
Rebuilding by Right
When a Mesa building that was legally established but no longer complies with the current Zoning Ordinance (a lawful nonconforming structure) is damaged, it can be restored to its previous state without needing to meet new code requirements if the damage is minor. The City of Mesa defines "minor" as repairs costing 50 percent or less of the total construction value [Section 11-36-6(A)]. In these instances, the property owner has a right to replace the damaged portions, provided the new construction does not exceed the size, extent, or configuration that existed before the damage occurred [Section 11-36-6(A)].
Damage Exceeding 50 Percent
If the cost of repair or reconstruction for a Mesa nonconforming building exceeds 50 percent of the construction value (excluding the foundation), the building and the land it occupies are automatically subject to all current requirements of the Mesa Zoning Ordinance [Section 11-36-6(B)].
However, the Mesa Zoning Administrator has the authority to approve a Special Use Permit (SUP) allowing the structure to be rebuilt even if the damage is substantial. This permit may allow the building to be restored to its previous size and configuration as long as the previous legal nonconforming use of the property is continued or reestablished [Section 11-36-6(B)].
General Maintenance and Ownership
The right to continue and maintain a nonconforming structure in the City of Mesa is tied to the land itself. Consequently, if a property changes owners, the new owner retains the same rights to continue, maintain, or rebuild the nonconforming structure under the rules established in the Mesa Zoning Ordinance [Section 11-36-5(A)]. While structural repairs to bearing walls, columns, or girders are permitted to ensure safety, they must not exceed 50 percent of the construction value unless the building is brought into compliance or a permit is granted [Section 11-36-5(B)].
Sections Cited
- 11-36-2 (Establishment of Legal Nonconforming Uses, Structures, and Lots)
- 11-36-5 (Continuation and Maintenance of Nonconforming Uses or Structures)
- 11-36-6 (Damaged or Partially Destroyed Structures)