Where, on the effective date of adoption or amendment of this chapter, a lawful structure exists that could not be built under the regulations of this chapter by reason of restrictions upon lot area, lot width, lot coverage, height, setback, open spaces or other characteristics of such structure, or its location upon a lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No such structure shall be enlarged, expanded, extended or altered in any way which increases its nonconformance. Expansions and improvements shall be allowed where there will not be an increase in nonconformity; for example, a building with a nonconforming front yard setback may be expanded to the rear, provided the setbacks for the rear portion of the building comply.
(B) Should any such structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(C) Should any such structure be moved, for any reason of any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
(D) Repairs and modernization to nonconforming structures containing a use allowed in the district shall be permitted, provided the total cost of construction does not exceed 50% of the structure’s replacement cost. Reasonable upgrades to the building and site may be required to bring the building and site closer to compliance with this chapter.
(Ord. passed
6-18-1991
, § 3.3) Penalty, see § 154.999