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14.04.01 Description. A nonconforming structure is any building or structure, other than a sign, that was legally established but no longer complies with the lot and building standards of this zoning ordinance. Nonconforming structures may remain, subject to the regulations of this section.
14.04.02 Alterations and Expansions. Structural alterations, including enlargements and expansions, are permitted if the proposed structural alteration complies with all applicable lot and building standards. For example, a building with a nonconforming front setback may be expanded to the rear as long as such rear expansion complies with applicable rear setback standards and all other applicable lot and building standards.
14.04.03 Use. A nonconforming structure may be used for any use allowed in the zone in which it is located.
14.04.04 Moving. A nonconforming structure may be moved in whole or in part to another location on the subject parcel only if the movement or relocation eliminates the nonconformity.
14.04.05 Loss of Nonconforming Status.
(A) Abandonment. Once a nonconforming structure is abandoned or made to conform, its nonconforming status is lost and the structure, or any replacement, must comply with the regulations of the zone in which it is located. A nonconforming structure will be considered abandoned when any of the following occurs:
(1) The intent of the owner to discontinue all uses in the structure is apparent;
(2) No use has been maintained in the structure for a period of 12 months or more;
(3) A demolition permit has been applied for; or
(4) All equipment and furnishings have been removed from the premises and have not been replaced by similar or other equipment and furnishings within 180 days, unless other facts show intention to resume use of the structure.
(B) Intentional Damage or Destruction. When a nonconforming structure is intentionally destroyed or damaged by causes within the control of the property owner or tenant, all nonconforming structure rights are lost and re-construction of the nonconforming structure is prohibited.
(C) Accidental Damage or Destruction.
(1) When a nonconforming structure is accidentally destroyed or damaged by causes that are not within the control of the owner, to the extent of more than 50% of its fair market value, the structure may not be restored except in conformity with the regulations of the zone in which it is located.
(2) When a nonconforming structure is accidentally destroyed or damaged by causes that are not within the control of the property owner or tenant, to the extent of 50% or less of its fair market value, the structure and use may be restored or repaired provided that no new nonconformities are created and the existing degree of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within 12 months of the date of occurrence of such damage, and once issued, construction must be diligently pursued.
(Ord. O-37-06, passed 8-15-06)