Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. PROPORTION OF NONCONFORMITY. A non-conforming structure may be enlarged or altered provided the new construction complies with the requirements of this Ordinance.
Example: new work may not increase the non-conformity, such as encroachment into the setbacks.
B. NON-REPLACEMENT OF NONCONFORMITY. Should such structure be destroyed by any means to an extent of more than seventy-five percent (75%) of its actual cash value, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this Ordinance. Cash value may be determined by an appraisal or the Hancock County Auditor's value.
C. LOCATION OF NONCONFORMITY. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the District in which it is located after it is moved. This does not preclude the elevation of structures to comply with the flood damage reduction ordinance. Portions of non-conforming buildings such as porches, attached garages or other appurtenances may be replaced so long as the replacement does not increase the degree of nonconformity of the structure.
D. ADDITIONS TO NON-CONFORMING STRUCTURES. Additions to non-conforming structures must meet the applicable setbacks with the following exception: Infill construction as noted below will be permitted.
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YES | NO |
E. HISTORICALLY SIGNIFICANT STRUCTURES. Residential or commercial structures dating prior to 1955 that are considered contributing to the historic character of the surrounding area may be re-established or continued. The owners must document the eligibility of the structure using the U.S. Department of Interior Standards and Guidelines and receive a Certificate of Appropriateness from the appropriate body in order to be eligible for this exclusion. See Chapter 1114.04 of this Ordinance for additional information.
(Ord. 2017-039. Passed 5-16-17.)