6-8(D)   NONCONFORMING STRUCTURES

6-8(D)(1)   Authority to Continue

Unless specified otherwise in this Section 14-16-6-8, a nonconforming structure shall be allowed to continue to be used, regardless of any change in ownership or occupancy of the structure, until the structure is vacant for a period of 2 years, or until another provision of this Section 14-16-6-8 requires the termination of the use. Mobile home dwellings are subject to provisions in Subsection 14-16-6-8(C)(7) (Mobile Home Dwellings). Signs are subject to provisions in Subsection 14-16-6-8(F) (Nonconforming Signs).

6-8(D)(2)   Repair and Maintenance

A nonconforming structure may be maintained, repaired, or altered, but no maintenance, repair, or alteration may increase the extent of nonconformance.

6-8(D)(3)   Height Nonconformance

A structure nonconforming as to height regulations cannot be added to or enlarged unless the addition or enlargement conforms to all the regulations of the zone district in which it is located.

6-8(D)(4)   Setback Nonconformance

A structure nonconforming as to setback regulations cannot be added to or enlarged unless the addition conforms to all the regulations of the zone district in which the structure is located.

6-8(D)(5)   Expansion of Nonconforming Structure

A nonconforming structure may be expanded in size, provided that the expansion will not increase an existing nonconformity or create a new nonconformity, if approved by the ZHE pursuant to Subsection 14-16-6-6(C).

6-8(D)(6)   Relocation of Nonconforming Structure

A nonconforming structure may be moved in whole or in part to another location on the lot, provided that the moving will make it nonconforming to a lesser extent.

6-8(D)(7)   Damage

A nonconforming structure that is damaged through natural or other causes may be restored, provided that the restoration is started within 6 months of the damage and is continued diligently to completion, unless the ZEO determines that the continued use of the structure creates a significant threat to public health or safety, even after repairs that meet the requirements in Articles 14-1. 14-2, and 14-3 of ROA 1994 (Uniform Administrative Code and Technical Codes, Fire Code, and Uniform Housing Code) are made.

6-8(D)(8)   Walls and Fences

6-8(D)(8)(a)   A nonconforming wall or fence may remain for the life of the structure, except that a wall or fence nonconforming because it is in a clear sight triangle may remain only if the City Engineer gives and does not withdraw a written opinion that the wall or fence is not a traffic hazard.

6-8(D)(8)(b)   Walls or fences partially or completely constructed of barbed tape, barbed wire, razor wire, or similar materials where these materials are not allowed pursuant to Subsection 14-16-5-7(E)(1)(c) are considered illegal and shall be removed within the following timeframes:

   1.   For Residential and Non-residential zone districts, as specified by the Code Enforcement Division of the City Planning Department in notice provided to the property owner.

   2.   For Mixed-use zone districts, by January 1st, 2028.

6-8(D)(9)   Airport Protection Overlay (APO) Zone

6-8(D)(9)(a)   Whenever the ZEO determines that a nonconforming structure located in the APO has been abandoned or that more than 80 percent of the structure has physically deteriorated, decayed, or demolished, such structure or obstruction shall be discontinued, demolished, and removed by the owner.

6-8(D)(9)(b)   No permit shall be granted that would allow a permanent or temporary nonconforming structure to exceed the applicable height limit or otherwise deviate from standards in Section 14-16-3-3 (Airport Protection Overlay Zone) or any other applicable standards of this IDO.