A building or structure existing at the time this Zoning Ordinance became effective, which does not conform to the use, area, yard or height regulations of the district in which it is located, may be maintained and repaired, except as otherwise provided in this chapter.
(Ord. 1982-133. Passed 7-13-82.)
(a) Additions and Enlargements. Upon written request filed with the Chief Building Official, a nonconforming building, structure or accessory building may be altered, added to or enlarged, with the Planning Commission approval, in the manner as set forth herein:
(1) The alteration, addition, or enlargement of the nonconforming building, structure or accessory building shall be designed and constructed with due consideration for the existing setbacks in the surrounding structures;
(2) The written request shall include a current site plan with a brief description and use of the newly proposed project.
(3) After approval by the Planning Commission, review by the Architectural Board of Review shall be required. The alteration, addition or enlargement of the nonconforming building, structure or accessory building shall be designed and constructed with due consideration for the structures existing or permitted within the zoning district.
(4) The Architectural Board of Review shall not be required for one, two or three family residential structures.
(Ord. 2006-121. Passed 11-28-06.)
(5) Upon approval of the Chief Building Official the applicant of a nonconforming structure is exempt from the Planning Commission's approval provided that the applicant's project does not extend into the existing side or rear setbacks.
(Ord. 2011-168. Passed 12-27-11.)
Upon submission to the Chief Building Official and approval by the Planning Commission and the Architectural Board of Review, the Chief Building Official shall determine the necessity of further review by the Building Department, Board of Zoning Appeals, and City Engineer.
This approval is for the basic location of the new structure to be altered, added to or enlarged and does not pertain to the type, size or height of the structure.
(Ord. 2006-121. Passed 11-28-06.)
(b) Moving. A nonconforming building, structure or accessory building shall not be moved in whole or in part to any other location on the lot or other premises unless every portion of the building or structure which is moved is made to conform to all the regulations of the district in which it is to be located.
(c) Restoration of Damaged Buildings. A nonconforming building, structure or accessory building which is not more than fifty percent damaged or partially destroyed by whatever cause, including acts of God but not including acts of malicious mischief or vandalism, may be restored and the occupancy or use of such building, structure or accessory building which existed at the time of the partial destruction, may be continued or resumed, provided the restoration does not exceed the size of the original building, structure or accessory building, and that the restoration is started within a period of one year and is diligently prosecuted to completion. In the event the damage or destruction exceeds fifty percent of the nonconforming building, structure or accessory building, no repairs or reconstruction shall be made unless every portion of the building, structure or accessory building is made to conform to all regulations for new buildings in the district in which it is located.
(d) Abandonment of Buildings, Structures and Accessory Buildings. A nonconforming building, structure or accessory building, which is or hereafter becomes vacant and remains unoccupied for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
(Ord. 1982-133. Passed 7-13-82.)