These regulations apply to buildings and structures which were constructed legally under regulations in effect before the effective date of this chapter.
(A) Continuation. A lawful non-conforming structure existing on the effective date of this chapter may be continued, repaired, maintained or altered, subject to the provisions of this subchapter.
(B) Additions or enlargements to non-conforming structures.
(1) A lawful non-conforming structure may be added to or enlarged if the addition satisfies one or more of the following conditions:
(a) The enlargement or addition, when considered independently of the existing building, complies with all applicable setback, height, off-street parking and landscaping requirements;
(b) The non-conforming building and impervious surface coverages on the site are not increased and the building, after the addition, conforms to height and off-street parking regulations applicable to its zoning district; and
(c) The addition projects no further into a required side yard setback than the existing building; the length of the side wall of the addition is the smaller of 25 feet or 50% of the length of the existing non-conforming side wall; and the enlarged building complies with building and impervious coverage, front and rear yard setbacks and height regulations applicable to its zoning district.
(2) No permitted addition to a non-conforming structure may place a wall within ten feet of a window of an adjacent pre-existing residential structure.
(3) Non-conforming buildings shall be limited to one addition or enlargement pursuant to these regulations.
(C) Moving of non-conforming structures. A lawful non-conforming building or structure shall not be moved in whole or in part to another location on its lot unless every part of the structure conforms to all site development regulations applicable to its zoning district.
(D) Repair of non-conforming structures. A lawful non-conforming building damaged by fire, explosion, storm or other calamity, except flood damages, may be repaired and reconstructed provided there is no increase in the degree of non-conformity. Repair and reconstruction within the designated floodplain shall be in conformance with floodplain development regulations.
(E) Conversion of a conforming building. A conforming building shall not be changed in any way that will result in a non-conforming development.
(a) Expansion of a structure, building or parking lot; and
(b) Development onto an adjacent lot
(Ord. 23-09, passed 8-21-2023) Penalty, see § 151.999