A non-conforming structure containing a use permitted in the zoning district in which it is located may continue only in accordance with the provisions of this article.
(a) Normal repair and maintenance may be performed to allow the continuation of nonconforming structures.
(b) A non-conforming structure may not, under any circumstances, be enlarged or altered in a way which increases its non-conformity except as noted below:
(1) Nonconforming structures used for a permitted use may be enlarged, provided that the enlargement shall not create any additional nonconformity or increase the degree of the existing nonconformity of such structure, except that porches and decks may be added or extended into rear setbacks up to fifty percent (50%) of the setback requirements for the district in which the nonconforming structure is located.
(2) Nonconforming structures used for a nonconforming use may add or extend porches and decks into rear setbacks up to fifty percent (50%) of the setback requirements for the district in which the nonconforming structure is located. Buildings or structures with nonconforming setbacks may extend along a line extending from the greatest point of nonconforming setback parallel to the lot line from which the setback is measured, provided the setback nonconformity is not increased. A lawful nonconforming structure, which is damaged the extent of fifty percent (50%) or more of its appraised value, as valuated within twelve (12) months of when the damage occurred, shall not be restored unless it is in full conformance with this code, except that single-family homes may be rebuilt within the original building’s boundaries and no taller than the original building unless exceeding the boundaries or height of the original building would not increase the structure’s nonconformity.
(3) A lawful nonconforming structure which is damaged, by neither malfeasance nor wanton disregard by an interested party, to the extent of less than fifty percent (50%) of its appraised value, as valuated within twelve (12) months of when the damage occurred, may be reconstructed, provided that:
A. The reconstructed structure shall not exceed the height, area, or volume of the original structure;
B. Reconstruction shall be commenced within one year from the date the structure was destroyed or condemned and shall be carried on without interruption; and
C. An application to reconstruct the structure is made to the Board of Zoning Appeals prior to reconstruction.
(Passed 7-7-22.)