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1.0 - Applicability of Code, cont'd Sec.41-2002. Nonconforming buildings, structures and uses (a) A nonconforming building, structure or use shall comply with Article VI as modified as follows: (1) A building or structure that does not conform to the architectural style or story height requirements at the time of the adoption of this Article shall not cause the structure to be non -conforming. (2) Sections 41-681.1 through 41-681.4 shall not apply to this Article. (3) Rehabilitation, enlargement or exterior structural alterations of any noncon- forming structure or structure occupied by a nonconforming use, except for structures occupied by single family and two-family dwellings, may be rehabilitated as follows: a. Rehabilitation limited to structural or non-structural alterations without any building expansion is permitted if: 1. All signage on the structure and the site on which it is located shall be brought into conformity with the signage requirements of this Chapter. 2. All outdoor storage shall be screened by a solid screen wall not to exceed 8 feet in height. Outdoor storage shall not exceed the height of the screen wall. 3. There shall be no increase in the number of dwelling units unless the site on which the structure is located complies with the off-street parking and open space requirements of this Chapter. 4. Architectural massing, features and detailing shall be modified to bring the structure into closer compliance with the architectural standards of this code, as deemed appropriate by the Executive Director of the Planning and Building Agency, or their designee. b. Rehabilitation may include expansion when the total floor area of all expansions occurring in any five-year period does not exceed ten (10) percent of the floor area as it existed at the beginning of the five years, provided that the following conditions are met: 1. All signage on the structure and the site on which it is located shall be brought into conformitywith the requirements of this chapter. 2. There shall be no loading or unloading of vehicles between the hours of 10 pm and 7 am. 3. All outdoor storage shall be screened by a solid screen wall not to exceed 8 feet in height. Outdoor storage shall not exceed the height of the screen wall. 4. There shall be no enlargement which would intrude into any required yard. 5. There shall be no enlargement which would result in a new noncon- formity with the requirements of this Chapter. 6. Off-street parking shall be provided in conformance with the requirements of this Chapter. 7. Landscaping shall be improved to bring the site on which the struc- ture is located into closer compliance with the landscaping require- ments of this Chapter, as deemed appropriate by the Executive Director of Planning and Building Agency, or their designee. 8. Architectural massing, features and detailing, shall be modified to bring the structure into closer compliance with the architectural standards of this Chapter, as deemed appropriate by the Executive Director of Planning and Building Agency, or their designee. (4) Rehabilitation, enlargement or exterior structural alterations of buildings occupied by a single family and two-family dwellings is permitted subject to the following: a. Structural alterations and additions may be made where the total floor area of all such expansions occurring in a five-year period does not exceed forty (40) percent of the floor space of the building as it existed at the beginning of said time, provided the number of dwelling units is not increased; and no new non -conformances with the requirements of this code are created. b. Structural alterations and additions which exceed forty (40) percent of the total floor area as it existed at the beginning of a five-year period; or remodeling which involves the demolition of more than fifty (50) percent of the building shall be permitted; provided that the following conditions are met: 1. Off-street parking shall be provided in conformancewith the require- ments of this Chapter. 2. No new nonconformities with the requirements of this Chapter are created. 3. A minimum of eight hundred (800) squarefeet of usable, continuous, non -front yard open -space, excluding driveways and parking areas is provided. Any open space with a minimum dimension of fifteen (15) feet byfifteen (15) feet shall be deemed continuous open space. c. Where rehabilitation of a building involves more than fifty (50) percent of a building wall which encroaches into a front or sideyard setback and is demolished or is structurally altered, the remainder of the building wall shall be demolished. Any subsequent building wall shall conform to all provisions of this Chapter. d. An existing two -car garage with a minimum dimension of eighteen (18) feet by eighteen (18) feet exterior dimension shall be considered con- forming. e. Remodel shall mean to reconstruct, or to make over in structure or style, but shall exclude re -roof, window replacement, exterior finish replace- ment and repair or similar modifications. Sec.41-2003. Affordable Housing Development Incentives. Any affordable housing project may use any or all of the following incentives pursuant to an Affordability Covenant Permit: (a) Parking Design Incentive: Allows for tandem parking not to exceed 30 per- cent of the required parking per residential unit. (b) Private Open Space Incentive: For purposes of meeting the private open space requirement, the private open space incentive allows for encroach ment into required front or side setbacks for porches that project from the main building facade up to 50 percent of the required setback, provided that the remaining setback area is not less than 5 feet. (c) Density Bonus Incentive: The state density bonus law, (California Government Code sections 65915 through 65918, as it may be amended from time to time) allows developers who guarantee that a portion of their residential development will be available to low income, very low-income or senior households to construct additional units beyond that permitted by the general plan land use element. This Specific Development does not place a limit on the number of units allowed provided that the project com- plies with the specified limitations on height, setbacks, floor area, open space, massing and other zoning regulations. a. For purposes of this section, the maximum density allowed shall be based on the highest number of the density range shown on table BT-1. b. All requests for density bonus shall follow the procedures and regulations established by Article XVI.I. TRANSIT ZONING CODE 1:4 SPECIFIC DEVELOPMENT 84 City of Santa Ana, California