§ 5.3 NONCONFORMING STRUCTURES.

   5.3.1   Continuation. Normal repair and maintenance may be performed to allow the continued use of nonconforming structures.

   5.3.2   Enlargement. A nonconforming structure shall not be enlarged or expanded in any way that increases the degree of nonconformity. (For example, a structure that has a five-foot side yard setback where the ordinance requires a ten-foot side yard setback cannot be enlarged so as to further encroach into the side yard setback.) Expansion of the structure in a way that complies with applicable dimensional standards or that decreases the degree of nonconformity is permitted.

   5.3.3   Relocation. A nonconforming structure shall not be moved, in whole or in part, to another location within the town’s jurisdiction, on or off the parcel of land on which it is presently located, unless upon relocation it conforms to the requirements of this ordinance.

   5.3.4   Reconstruction after casualty damage.

      (A)   Destruction or damage beyond 50% of value.

         (1)   In the event a nonconforming structure (or portion of a structure) is damaged or destroyed, by any means, to an extent more than 50% of its structural replacement cost at the time of damage or destruction, it shall only be restored in a manner that conforms with the provisions of this ordinance.

         (2)   New construction (including the establishment of off-street parking, landscaping, signage, and other site features) shall be in accordance with the requirements of this ordinance.

      (B)   Damage of 50% or less of value.

         (1)   In the event a nonconforming structure is damaged, by any means, to an extent of 50% or less of its structural replacement cost at the time of damage or destruction, it may be rebuilt to its previous form if a building permit for such repair or restoration is obtained within 365 days of the casualty damage.

         (2)   In no event shall the repair or restoration increase the degree of nonconformity.

(Ord. TA.24.02, passed 4-4-2024)