§ 154.053 MODIFICATION TO NONCONFORMING USES OR STRUCTURES
   No nonconforming use or structure shall be enlarged, extended, or structurally altered, nor shall any nonconformity be changed to a different nonconformity which increases the intensity of use or nonconformity, except as specifically permitted by the following regulations.
   (A)   Applicability. The following regulations shall apply to any nonconforming use or structure, including:
      (1)   Nonconforming use of open land;
      (2)   Nonconforming use of buildings designed or used for a conforming use;
      (3)   Nonconforming use of buildings specifically designed for the type of use which occupies them but not suitable for a conforming use;
      (4)   Buildings designed and used for a conforming use but not in conformance with area and bulk, parking, loading, or landscaping requirements;
      (5)   Nonconforming structures such as fences and signs.
   (B)   Enlargement, extension or alteration.  
      (1)   Increase in nonconformity prohibited. Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of any nonconformity. For example, physical alterations of new structures on open land is unlawful if the activity results in one the following.
         (a)   An increase in the total amount of space devoted to a nonconforming use.
         (b)   A decrease in the amount of required yard area, such as would be caused by an addition to a nonconforming building where the addition intrudes into a yard setback otherwise required by this chapter.
         (c)   Enlargement of a use on a site which does not meet all site development standards required for the use.
         (d)   Greater nonconformity with respect to dimensional restrictions, such as setback requirements, height limitations, density requirements, or other requirements in the district in which the property is located.
      (2)   Permitted extension. Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside the building. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land, nor shall any such use be moved in whole or in part to any portion of the lot or parcel than was occupied on the effective date of this chapter or amendment thereto.
      (3)   Alterations that decrease nonconformity. Any nonconforming structure or any structure or portion thereof containing a nonconforming use may be altered if the alteration serves to decrease the nonconforming nature of the structure or use. The Zoning Board of Appeals shall determine if a proposed alteration will decrease the degree of nonconformity.
      (4)   Variance to area and bulk regulations. If a proposed alteration is deemed reasonable by the Zoning Board of Appeals by virtue of the fact that it would decrease the nonconforming nature of a structure or use, but the alteration requires a variation of the area or bulk requirements, then the alteration shall be permitted only if a variance is granted by the Zoning Board of Appeals. Additionally, the Zoning Board of Appeals may grant variances to required site development standards applicable to specific uses to permit expansion of an existing use located on a nonconforming site consistent with the guidelines and standards of §§ 154.450 through 154.453.
   (C)   Repairs, improvements, and modernization.
      (1)   Required repairs. Repairs or maintenance deemed necessary by the Building Official to keep a nonconforming building structurally safe and sound are permitted. However, if a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe and/or unlawful due to lack of maintenance and repairs and is declared as such by the Building Official, it shall not thereafter be restored, repaired, or rebuilt except in full conformity with the regulations in the district in which it is located.
      (2)   Additional permitted improvements. Additional repairs, improvements, or modernization of nonconforming structures, beyond what is required to maintain the safety and soundness of the structure, shall be permitted, provided the repairs or improvements do not exceed 25% of the market value of the structure (as determined by the City Assessor) during any period of 12 consecutive months. Any repairs, improvements, and modernization shall not result in enlargement of the cubic content of the nonconforming structure. The provisions in this subdivision shall apply to all structures except as otherwise provided in this subchapter for single-family residential uses and for reconstruction of structures damaged by fire or other catastrophe.
   (D)   Damage by fire or other catastrophe. 
      (1)   Any nonconforming structure or structure housing a nonconforming use that is damaged by fire, flood, or other means in excess of 50% of the structure’s pre-catastrophe fair market value (as determined by the City Assessor) shall not be rebuilt, repaired, or reconstructed, except in complete conformity with the provisions of this chapter.
      (2)   In the event that the damage is less than 50% of the structure"s pre-catastrophe fair market value, the structure may be restored to its pre-catastrophe status. Restoration shall take place only upon approval of the Zoning Administrator and in full compliance with applicable provisions of this chapter. Any rebuilding, repair, or restoration shall be completed within one year from the date of the catastrophe.
(Ord. 92-005, passed 2-17-92; Am. Ord 94-004, passed 7-5-94) Penalty, see § 154.999