Expansion and Modification of Nonconforming Structures in the City of Reno
Property owners in the City of Reno may maintain, repair, and expand nonconforming structures provided that any expansion is in full compliance with the Annexation and Land Development Code and does not increase the degree of nonconformity. Routine maintenance is encouraged, but any modification that increases the level of nonconformity generally requires the approval of a Conditional Use Permit. Structures damaged by an act of nature may be restored to their pre-existing configuration if a building permit is applied for within 18 months of the damage [Section 18.01.404].
General Regulations for Nonconformities
In the City of Reno, "nonconformities" refers to uses, structures, lots, signs, and site features that were lawfully established prior to the effective date of the current Land Development Code but no longer meet its requirements [Section 18.01.401]. While the City of Reno allows these situations to continue, it does not encourage their survival and prohibits their enlargement or extension except under specific conditions.
The burden of proving that a nonconforming structure was lawfully established falls solely on the property owner [Section 18.01.402]. Changes in ownership or tenancy do not affect the status of a nonconformity; the rights to continue the nonconforming structure stay with the property [Section 18.01.402].
Maintenance and Expansion Standards
The City of Reno distinguishes between routine maintenance, which is encouraged, and expansions, which are strictly regulated.
Maintenance and Repair
The City of Reno permits and encourages the repair and maintenance of nonconforming structures, provided these activities do not increase the degree of nonconformity [Section 18.01.402].
Expansion of Structures
A nonconforming structure may be expanded under the following conditions:
- Full Compliance: The expansion itself must fully comply with all current City of Reno standards [Section 18.01.404].
- No Increase in Nonconformity: The structure cannot be enlarged or altered in a way that increases its existing nonconformity as determined by the Administrator [Section 18.01.404].
- Conditional Use Permit (CUP): If a property owner seeks to expand a structure in a way that increases the level of nonconformity, they must first obtain a Conditional Use Permit.
Technical Standards for Nonconforming Modifications
| Requirement Type | Standard / Limitation |
|---|---|
| Maintenance | Permitted if it does not intensify the nonconformity. |
| Expansion (General) | Must fully comply with current Title 18 standards. |
| Restoration (Permit Deadline) | Must apply within 18 months of damage/destruction. |
| Parking Lot Maintenance | Restriping is "routine" if parking space count changes by $\le$ 10%. |
| Flood Hazard Area Expansion | Requires a Conditional Use Permit. |
| CUP Finding: Character | Expansion must not damage neighborhood character or quality. |
Restoration after Damage or Calamity
If a nonconforming structure in the City of Reno is damaged or destroyed by an act of nature or other calamity, the City of Reno allows for its restoration [Section 18.01.404]:
- Configuration: The structure may be reconstructed to its pre-existing configuration.
- Degree of Nonconformity: Modifications made during the repair cannot result in an increase in nonconformity.
- Time Limit: The property owner must apply for a building permit within 18 months of the date of the damage.
- Flood Hazard Exception: Structures located within a designated Flood Hazard Area are subject to additional restrictions and may not be repaired to a nonconforming state without further review [Section 18.01.404].
Nonconforming Site Improvements
Nonconforming site improvements, such as parking lot layouts or landscaping, are subject to specific City of Reno rules when altered:
- Partial Compliance: When a site improvement is expanded, current code requirements must be satisfied only for the newly proposed portion, not the existing nonconforming section [Section 18.01.405].
- Routine Parking Maintenance: Tasks such as top sealing or restriping are considered routine maintenance and are permitted as long as they do not modify the number of parking spaces by more than 10% [Section 18.01.405].
- Substandard Development Relief: If a project is unable to meet all current requirements, the City of Reno Administrator may approve changes via a minor site plan review, provided the changes are not detrimental to public health, safety, or welfare [Section 18.01.405].
Special Provisions for Specific Zoning Districts
In certain Mixed-Use and Employment districts, the City of Reno Administrator has expanded authority to approve the expansion of existing, legally established nonconforming uses and structures. These districts include:
- Mixed-Use Downtown (MD-) Districts
- Mixed-Use Midtown Commercial (MU-MC)
- Mixed-Use Midtown Residential (MU-RES)
- Mixed-Use Urban (MU)
- Mixed-Use Suburban (MS)
- Mixed-Use Airport (MA)
In these areas, the Administrator may approve expansions of up to 100% of the site, building, or business area if the expansion does not damage the character of the neighborhood or hinder future development of surrounding properties [Section 18.01.403].
Sections Cited
- Section 18.01.401 Purpose
- Section 18.01.402 Regulations Applicable to All Nonconformities
- Section 18.01.403 Nonconforming Uses
- Section 18.01.404 Nonconforming Structures
- Section 18.01.405 Nonconforming Site Improvements