Rebuilding Nonconforming Structures Following Damage in the City of Reno
In the City of Reno, a nonconforming structure that is damaged or destroyed by an act of nature or another calamity may be legally repaired or reconstructed to its pre-existing configuration, provided the work does not increase the degree of nonconformity [Section 18.01.404]. To maintain this legal right, the property owner must apply for a building permit from the City of Reno within 18 months of the date the damage or destruction occurred [Section 18.01.404]. Structures located within designated City of Reno Flood Hazard Areas are subject to more stringent regulations and may require a conditional use permit for any expansion [Section 18.01.404].
General Rules for Restoration of Nonconforming Structures
The City of Reno Land Development Code allows for the restoration of structures that were lawfully established but no longer conform to current standards. If such a structure is damaged by a calamity, the City of Reno permits its reconstruction under specific conditions intended to prevent the intensification of the nonconformity.
Standards for Reconstruction
The following table outlines the technical requirements for rebuilding a damaged nonconforming structure under the City of Reno Land Development Code:
| Requirement Category | City of Reno Standard |
|---|---|
| Permitted Configuration | Reconstructed to the pre-existing configuration only [Section 18.01.404]. |
| Nonconformity Limit | Modifications shall not result in an increase in nonconformity [Section 18.01.404]. |
| Application Deadline | Building permit must be applied for within 18 months of the damage date [Section 18.01.404]. |
| Administrator Authority | The Administrator determines if modifications increase nonconformity [Section 18.01.404]. |
Special Considerations for Specific Locations and Statuses
Flood Hazard Areas
If a nonconforming structure is located within a City of Reno Flood Hazard Area, the general right to rebuild is limited by the safety requirements of Section 18.04.102 [Section 18.01.404]. Additionally, any expansion of a nonconforming structure, use, or site improvement within these hazard areas is strictly prohibited unless the applicant obtains a conditional use permit specifically for that expansion [Section 18.01.403].
Historic Resources and Districts
The City of Reno provides specific protections for structures with historic significance. If a building is listed on the City Register of Historic Places or is considered a contributing property within a local historic district, the City of Reno allows it to be rebuilt to its original state for the same use following a natural calamity [Section 18.07.105].
| Historic Property Category | Restoration Permission |
|---|---|
| City Register of Historic Places | May be rebuilt to original state for the same use [Section 18.07.105]. |
| Contributing Historic Property | May be rebuilt to original state for the same use [Section 18.07.105]. |
Maintenance and Repair
The City of Reno encourages the continued maintenance and repair of nonconforming situations. Such activities are permitted as long as they do not increase the degree of nonconformity [Section 18.01.402]. If a property owner is unable to meet the specific requirements for site improvements during a rebuild, the City of Reno may allow changes through a minor site plan review, provided the changes are not detrimental to public health, safety, or welfare [Section 18.01.405].
Sections Cited
- 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
- Section 18.04.102, Flood Hazard Areas
- Section 18.07.105, Destruction of Premises