§ 152.054 NON-CONFORMING STRUCTURES.

   Expansion of an existing structure, reconstruction of a partially destroyed structure, construction of a new structure, or other intensification of a site may be subject to site and building plan approval in compliance with §§ 152.030 through 152.039 of this chapter.

   (A)   Non-conforming principal structures may not be enlarged or altered in a way that increases their non-conformity unless in compliance with the following:

      (1)   Expansion or alteration of buildings found to be non-conforming only by reason of height, setback or lot area may be permitted provided the structural non-conformity is not increased and the expansion complies with the performance standards of this chapter.

      (2)   Legal non-conforming single-family and two-family dwellings may be expanded or altered to improve the livability provided the non-conformity of the structure is not increased.

      (3)   The expansion or alteration must follow the requirements of §§ 152.030 through 152.039.

   (B)   A non-conforming structure which has deteriorated or is damaged to the extent of 50% or more of its market value (excluding land value), as determined by the City Manager, may be replaced or reconstructed only in compliance with this chapter. Any non-conforming structure which is damaged to an extent of less than 50% of its value excluding land, as determined by the City Manager, may be restored to its former foundation footprint, structure height, and floor area if reconstruction begins within six months of the date of documented damage.

   (C)   Any proposed structure lawfully granted a building permit prior to the effective date of this chapter, which will become non-conforming under a provision of this chapter, may be permitted to continue to completion provided construction is started within six months of the effective date of this chapter and is completed within one year. Once lawfully constructed, the structure becomes a legal non-conforming structure.

   (D)   If a non-conforming structure is moved for any distance, it loses any legal non-conforming status.

   (E)   Normal building repair and maintenance necessary to keep a non-conforming structure in sound condition may be permitted.

   (F)   Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability and do not increase the number of units or the bulk of the building.

   (G)   Structures in the designated floodway may be considered non-conforming uses.

   (H)   All non-conforming structures which are made non-conforming by this chapter may be discontinued in accordance with the following schedule:

      (1)   One year from the adoption of this chapter, all trash and waste storage structures not in compliance with City Code.

(Ord. 2000-936)