Sec. 13-5(j). - Nonconforming structures.
(a) All structures referenced in the occupancy classifications listed below that become vacant (unoccupied for one (1), twenty-four-hour period or longer) or have a change in ownership shall be evaluated prior to re-occupation of the structure.
(b) Where the occupancy classification is designated as Assembly Group A-2 or A-3, Educational Group E or Institutional Group I-1, I-2, I-3 or I-4, the structure shall be brought into compliance with the current adopted building code and fire code. No such nonconforming structure may be enlarged or altered in any way which further affects its nonconformance.
(c) Other applicable city ordinances may apply within the building and fire codes. Where city ordinances and codes both apply, the most restrictive shall be enforced.
(d) The use and occupancy classification shall be determined by the building official and fire official or designee. The following is a list of use and occupancy classifications that shall be affected by the ordinance from which this section derives:
(1) Assembly Group A occupancy includes, among others, the use of a building or structure, or a portion thereof, for the gathering together of persons for purposes such as civic, social or religious functions; recreation, food or drink consumption; or awaiting transportation.
a. Exceptions:
1. A building used for assembly purposes with an occupant load of less than fifty (50) persons shall be classified as Group B occupancy.
2. A room or space used for assembly purposes with an occupant load of less than fifty (50) persons and accessory to another occupancy shall be classified as Group B occupancy or classified as part of that occupancy.
3. A room or space used for assembly purposes that is less than seven hundred fifty (750) square feet in area and is accessory to another occupancy shall be classified as a Group B occupancy or classified as part of that occupancy.
(2) Assembly Group A-2:
Banquet halls;
Night clubs;
Restaurants;
Taverns and bars.
(3) Assembly Group A-3:
Amusement arcades;
Art galleries;
Bowling alleys;
Community halls;
Courtrooms;
Dance halls (not including food or drink consumption);
Exhibition halls;
Funeral parlors;
Gymnasiums (without spectator seating);
Indoor swimming pools (without spectator seating);
Indoor tennis courts (without spectator seating);
Lecture halls;
Libraries;
Museums;
Places of religious worship;
Pool and billiard parlors;
Waiting areas in transportation terminals.
(4) Educational Group E:
Day cares (more than five (5) children older than two and one-half (2½) years of age);
Educational rooms and buildings (occupied by six (6) or more persons at any one (1) time through the 12 th grade).
(5) Institutional Groups I-1, I-2, I-3 and I-4:
a. Group I-1 shall include the following:
Alcohol and drug centers;
Assisted living facilities;
Congregate care facilities;
Convalescent facilities;
Group homes;
Half-way houses;
Residential board and care facilities;
Social rehabilitation facilities.
b. Group I-2 shall include the following:
Child care facility that provides care on a twenty-four-hour period basis to more than five (5) children two and one-half (2½) years of age or less;
Detoxification facilities;
Hospitals;
Mental hospitals;
Nursing homes.
c. Group I-3 shall include the following:
Correctional centers;
Detention centers;
Jails;
Prerelease centers.
d. Group I-4 shall include the following:
Adult care facilities;
Daycare facilities.
For more complete occupancy classification definition, refer to the current building and fire codes.
(Res. of 8-7-12(1))
