(A) Legal nonconforming structures. Any structure (such as a primary structure, accessory structure, fence, etc.) lawfully established prior to the effective date of this chapter, or its subsequent amendments, that no longer meets the development standards (setbacks, height, etc.) shall be deemed a legal nonconforming structure.
(B) Continuation of nonconforming structures. The continuation and modification of nonconforming structures shall be consistent with the following requirements.
(1) Increases in nonconformity. No legal nonconforming structure shall be enlarged or altered in a manner that increases its nonconformity without the approval of a variance by the Board of Zoning Appeals. Any structure may be altered to decrease its nonconformity.
(2) Intentional alterations. Any legal nonconforming structure that is intentionally altered, moved for any distance, or replaced shall conform to the regulations of the district in which it is located, and the discontinued legal nonconforming features may not be resumed.
(3) Accidental alterations. Legal nonconforming structures that are required to be altered or removed due to government action or damage from fire, flood, other natural disaster, or criminal act may be restored to their legal nonconforming condition. Such structures, if rebuilt or restored, shall be identical or smaller in volume, height, setback, scale, and all other aspects to that which was altered or removed.
(C) Exception. A legal nonconforming single-family residence located in any commercial, industrial, or institutional zoning district may be expanded by up to 50% of the pre-expansion living area one time in any five-calendar year period. The expansion must be for the purpose of continuing the residential use of the property. Required setbacks for the expansion shall be either those established by the zoning on the property, or those provided by the pre-expansion structure, whichever is less restrictive.
(Ord. 2007-1B, passed 2-5-07)