Rules for Legal Nonconforming Structures in the City of Reno
Legally nonconforming structures within the City of Reno may be maintained and repaired provided the work does not increase the degree of nonconformity. Any expansion that would increase the level of nonconformity requires a conditional use permit, while structures damaged by a calamity may be restored to their pre-existing configuration if a building permit is applied for within 18 months of the damage [Section 18.01.402 and Section 18.01.404].
Overview of Nonconforming Structures
A nonconforming structure in the City of Reno is defined as a legally established building or structure constructed or installed prior to the adoption of Title 18 that does not comply with the current requirements of the code [Section 18.09.303]. The City of Reno Land Development Code permits these structures to continue to exist and be utilized, but it does not encourage their long-term survival. The primary goal is for these structures to eventually be removed or brought into compliance with the current City of Reno standards [Section 18.01.401].
General Regulations
The City of Reno places the burden of proof solely on the property owner to demonstrate that a structure was lawfully established. Nonconformities may continue to be used and occupied subject to maintenance and operational regulations, and a change in ownership or management does not affect the legal status of the nonconforming structure [Section 18.01.402].
Maintenance and Repair
The City of Reno permits and encourages the routine maintenance and repair of nonconforming structures. However, these activities must not increase the degree of nonconformity [Section 18.01.402].
Expansion and Alteration
A nonconforming structure in the City of Reno may be expanded under specific conditions depending on whether the expansion itself complies with current standards.
| Expansion Type | Requirement |
|---|---|
| Fully Compliant Expansion | Permitted if the new addition meets all current City of Reno standards [Section 18.01.404]. |
| Expansion Increasing Nonconformity | Prohibited unless a Conditional Use Permit is first approved [Section 18.01.404]. |
| Expansion in Flood Hazard Areas | Not allowed unless a Conditional Use Permit is issued for the expansion [Section 18.01.402]. |
Required Findings for Expansion
To approve a conditional use permit for the enlargement of a nonconforming structure, the deciding body in the City of Reno must make the following specific findings:
- The expansion will not damage the character or quality of the neighborhood where it is located.
- The expansion will not hinder the future development of surrounding properties.
- The improvements necessary for the expansion are in total conformance with the requirements of Title 18 [Section 18.01.404].
Restoration After Damage
If a nonconforming structure in the City of Reno is damaged or destroyed by an act of nature or other calamity, the code provides a path for reconstruction.
| Restoration Standard | City of Reno Requirement |
|---|---|
| Allowable Configuration | Must be reconstructed to its pre-existing configuration only [Section 18.01.404]. |
| Nonconformity Limit | Modifications made during repair cannot result in an increase in nonconformity [Section 18.01.404]. |
| Permit Timeline | A building permit must be applied for within 18 months of the date of damage or destruction [Section 18.01.404]. |
| Flood Hazard Area Restriction | Restoration and repair are subject to the restrictions found in Section 18.04.102 [Section 18.01.404]. |
Specific Exceptions and Compliance
In some instances, full compliance with City of Reno requirements for nonconforming structures may be precluded by a lack of developable area due to lot size, existing layout, or environmental constraints like wetlands or steep slopes. In these cases, the City of Reno Administrator may determine the level of compliance required based on the "maximum extent practicable" [Section 18.01.402].
Sections Cited
- Section 18.01.401 Purpose
- Section 18.01.402 Regulations Applicable to All Nonconformities
- Section 18.01.404 Nonconforming Structures
- Section 18.04.102 Flood Hazard Areas
- Section 18.09.303 Definitions of Use Categories and Use Types