Where a structure exists that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, and other characteristics of the structure, or its location on the lot, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No such structure may be enlarged or altered in a way which increases its non-conformity;
(1) Any structure which is non-conforming only with respect to the regulations specified herein may be expanded or enlarged; provided such modification is on a one-time basis; and further provided that such modification does not increase the value of the structure by more than 40% of its pre-improvement market value (excluding the value of land). Prior to the issuance of any local permits, such modification must be reviewed and approved by the State Department of Natural Resources;
(2) An open porch or carport non-conforming only to setbacks may be enclosed; provided the original foundation or roof and supports are not removed, but in no event shall such improvement be less than 50% of that distance required;
(3) A structure non-conforming only to the setback regulations may be added to or enlarged if the additions or enlargements do not encroach into any portion of any required yard to a greater extent than the existing non-conforming building, but in no event shall any such additions or enlargements be less than 50% of that distance required by the yard requirements of the district in which the lot is located; and
(B) If any non-conforming structure is damaged by fire, flood, explosion, or other casualty to an extent more than 75% of its pre-damaged value, the structure shall not be restored, except in conformity with the regulations of the District within which it is located. Any non-conforming structure damaged to a lesser extent shall be subject to approval of required variances by the Board of Zoning Appeals prior to reconstruction or restoration. Non-conforming structures located in any Floodway Overlay or Floodway Fringe Overlay District may not be reconstructed if the amount of damage exceeds 40% of the pre-damaged value of the structure.
(Prior Code, § 153.117) (Ord. 93-02, passed 2-1-1993)