Chapter 1.2
Non-conformities and the 50% Rule
On this page, there are three key elements:
- Summary
- Full text for this section of the Neighborhood Plan
- Short survey
Summary:
When you have damage to your home, there are rules that determine if you need to bring part or all of the structure up to current building and zoning codes. These rules can be confusing, and many islanders misunderstand how they work or haven’t heard of them at all.
1. Conforming vs. Non-Conforming Structures
- A conforming structure meets today’s building codes and can be rebuilt.
- An illegal non-conforming structure was not originally built to code and cannot be rebuilt.
- A legally non-conforming structure was built legally under older rules but does not meet current code. These structures may be rebuilt in the same footprint and use but will need to be brought up to the current building construction codes.
2. The 50% Rule
- If the total cost to repair is LESS than 50% of its pre-damage value, the repaired portion must be brought up to meet current building construction codes.
- If the total cost is MORE than 50%, the entire structure must be brought up to current building, zoning and flood zone codes.
Permitting After a Disaster
Currently, property owners have only one year after a disaster to pull building permits. Since insurance claims alone can take longer than a year to resolve, we are recommending that the permitting period be extended to three years.
Full Version:
We encourage everyone to read the full version. While we did our best to summarize above, this full version offers much more nuance.
Some folks think that whatever is on their lot is “grandfathered” and can continue to be there legally. That is not necessarily the case.
“Non-conforming” refers to any structure or land use that violates code. A building that is non-conforming is considered illegal and cannot be repaired or replaced legally.
If codes changed after the structure or land use was in place, it then becomes “legally non-conforming” because it was done legally at the time.
Structures not conforming to current code, such as ground-level buildings or those violating setbacks, are considered legally non-conforming if they were built before the latest code was adopted. Legally non-conforming structures may be rebuilt in the same footprint and used in the same way that it was before, so long as it meets current building code.
The 50% Rule for re-building applies to all Island properties.
The rule is: If the cost to repair damage or improve a structure in a flood zone
- Is LESS than 50% of the pre-damage market value of a structure is destroyed, only the part that you are repairing must comply with current building code but does not need to be updated to match current zoning and flood zone codes.
- If MORE than 50% of the pre-damage market value of the “legally non-conforming” building is destroyed, you have to bring everything into compliance with current building, zoning and flood zone codes. Think of it as a brand-new build.
There is no permitting timeline attached to post-disaster recovery, but you need to watch the costs of your repair work over time. The 50% calculation is based on the cumulative value of all work, not just one project (for example, replacing your roof). All permits related to a single event are counted towards the 50% threshold, whether the permits are open or closed. The County will track this.
Issues regarding the Non-Conformities Ordinance and the 50% rule:
- Many stakeholders are not familiar with the “non-conformities” ordinance or the 50% rule. In the event of a disaster, owners with non-conformities will need to be aware of the regulations above that apply to rebuilding.
Recommendations regarding the Non-Conformities Ordinance:
- The Community recommends a community awareness campaign to familiarize property owners with the County Code on non-conformities.
- Extend the permitting period from 1 year to up to 3 years in the event of a declared disaster.
Survey
Each head of household (up to two per household) may submit the form once. If you submit it more than once, only your most recent submission will count. This also means you can update your response later if you change your mind.
