(A) A nonconforming structure is a structure lawfully existing January 24, 1977 or on the effective date of an amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot. A nonconforming structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) The conforming portion of a nonconforming structure may be expanded or modified provided that the expansion or modification does not increase the portion of the structure determined by the Zoning Administrator to be nonconforming.
(2) The nonconforming portion of a nonconforming structure may be modified in accordance with the requirements of this chapter provided that the modification reduces the portion of the structure determined by the Zoning Administrator to be nonconforming, or if the modification meets the conditions set forth in subsection (C) below.
(3) Such structure once destroyed by any means will not be reconstructed unless:
(a) It is in conformity with this chapter; or
(b) The Board of Appeals grants a variance;
(4) Such structure once moved, will thereafter conform to the regulations for the district to which it is moved.
(5) This movement does not include minor shifting or settling of the structure from natural or accidental causes.
(B) Except as specified below in subsection (C), the Board of Appeals shall not grant a variance to a nonconforming structure for the portion of structure determined by the Zoning Administrator to be nonconforming.
(C) The Board of Appeals may grant a variance to expand a nonconforming portion of an existing nonconforming structure only if the proposed expansion does not:
(1) Increase the original footprint of the nonconforming portion of the structure;
(2) Extend farther into the required setback(s) than the existing nonconforming portion(s) of the nonconforming structure; or
(3) Include the construction of a nonconforming porch, enclosure of an existing nonconforming porch, or the addition of stories on top of a nonconforming porch.
(Ord. 77-1-78, § 40-42(B), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014; Bill No. 21-01, passed 3-2-2021)