A building or other structure existing lawfully at the time this Planning and Zoning Code became effective, but which does not currently conform as to area or width of lot, setback, yard dimensions, lot coverage, height of building or other structure, use intended or other regulations of the district in which it is located, is a lawful nonconforming building. or other structure. Such building or other structure may continue to be occupied or used so long as it remains otherwise lawful, subject to the following provisions:
(a) Maintenance and Repair. A nonconforming building or other structure may continue to be used, maintained and repaired, provided however no structural parts shall be replaced except when required by law to restore to a state of good repair or good condition, as defined in Chapter 1340 of the Codified Ordinances of the Municipality or to make the building, or other structure conform to the regulations of the district in which it is located.
(b) Additions. A nonconforming building or other structure shall not be altered, added to or enlarged unless the additions and original building or other structure are made to conform to the yard, coverage and height regulations of the district in which it is located, except a nonconforming dwelling may be altered, modernized or enlarged provided the alterations and enlargements conform to all the yard regulations and setbacks , and the existing dwelling and the proposed enlargement combined shall meet the maximum lot coverage regulations of the district in which it is located.
(c) Moving. A nonconforming building shall not be moved in whole or in part to any other location on the lot or other premises, unless every portion of such building so moved is made to conform to all regulations of the district in which it is to be located.
(d) Restoration of Damaged Building. If a nonconforming building is damaged or destroyed by any cause to the extent of fifty percent (50%) or less of its reproduction value, those portions so destroyed or damaged may be restored but to no more than its former size, provided such restoration is completed within a period of one year from date of damage or destruction. If such building is occupied by a nonconforming use prior to damage, such use may be continued. If a nonconforming building is damaged or destroyed more than fifty percent (50%) of its reproduction value, no repair or reconstruction shall be made unless every portion of the building is made to conform to regulations of the district in which the building is located and unless occupied by a conforming use. Determination of the reproduction value shall be made by majority vote of three practicing building construction contractors, one to be appointed by owner, one to be appointed by the Municipality, and the third to be selected by the mutual consent of the two parties, in the event the Municipality and the owner do not agree on the value.
(Ord. 2019-39. Passed 8-13-19.)