Where a lawful building or structure exists on the effective date of this chapter that does not comply with the requirements of this chapter because of restrictions such as lot area, lot coverage, width, height, or setbacks, that building or structure may continue to be occupied and used so long as it remains otherwise lawful, subject to the following provisions:
(A) If a nonconforming building or structure is destroyed to more than 50% of its fair market value exclusive of the foundation, it must be reconstructed in conformity with the provisions of this chapter. The Administrator may consult with outside sources to determine fair market value. The BZA may permit the reconstruction of the nonconforming building or structure if all the following conditions are met:
(1) The prior nonconforming conditions are not increased;
(3) The new building or structure is placed on the original foundation, unless the building or structure could be located to reduce the nonconformity on the lot;
(4) The application to reconstruct the nonconforming building or structure was filed with the Administrator within six months of the date the building or structure was damaged or destroyed; and
(5) The reconstruction of the building or structure is not detrimental to adjacent property and the surrounding neighborhood.
(B) If a nonconforming building or structure is moved for any reason and for any distance, it must be moved to a location complying with the requirements of this chapter.
(Ord. 2022-17, passed 7-19-2022)