(A) Proposed structures. Any proposed structure which will, under this chapter, become nonconforming but for which a building permit has been legally granted prior to the effective date of this chapter, may be completed in accordance with the approved plans; provided construction is started within 60 days of the effective date of this chapter, is not abandoned for a period of more than 120 days, and continues to completion within two years. The structure shall thereafter be a legally nonconforming structure.
(B) Restoration.
(1) Any legal, nonconforming building or structure which has been damaged by fire, explosion, act of God or public enemy, to the extent of more than 50% of its market value, as determined by the Building Official, may be repaired or replaced provided a permit is sought within 180 days of the date the property was damaged.
(2) If a building permit is not sought within 180 days of the date the property was damaged, the building shall be restored in conformity with the regulations of this chapter.
(C) Alterations. Alteration and normal maintenance to a legal nonconforming building or structure may be made through the building permit process provided:
(1) The alterations do not expand the foundation and/or building volume, unless specifically allowed by this chapter;
(2) The alterations do not increase the building occupancy capacity or parking demand; and
(3) The alteration does not increase the nonconformity of the building or the use.
(D) Expansion of nonconforming buildings or structures.
(1) Administrative approvals. The following expansions of legal, nonconforming single- and two-family residential buildings may be approved through the administrative permit process by the Zoning Administrator subject to the provisions of §§ 152.115 through 152.118 of this chapter. The Zoning Administrator shall make a determination that the building expansion will comply with the intent and purpose of this section and this chapter.
(a) Expansion of principal buildings found to be nonconforming only by reason of height and yard setback may be allowed provided the expansion complies with the performance standards of this chapter.
(b) Expansion of nonconforming detached accessory structures shall not be allowed.
(2) Conditional use permit. Legal, nonconforming commercial, industrial, public, semi-public and multiple-family residential principal structures may be expanded on the same lot by conditional use permit provided:
(a) The expansion will not increase the nonconformity of the building or site;
(b) The new building expansion will conform with all the applicable performance standards of this chapter, a conditional use permit shall not be issued under this section for a deviation from other requirements of this chapter unless variances are also approved; and
(Prior Code, § 11-15-4) (Ord. 258, passed 5-4-2006)