(A) Continuance of nonconforming structure. Any nonconforming structure legally existing at the time of adoption or amendment of the UDO may be continued so long as it remains otherwise lawful.
(B) Conditions for continuance. Nonconforming structures shall be subject to the following conditions, in addition to those provided for specific zoning districts pursuant to Chapter 154.
(1) Nonconforming structures may not be enlarged or altered in any way which increases its dimensional deficiencies (except as provided in division (B)(2) below); however, any nonconforming structure or portion thereof may be altered to decrease its dimensional deficiencies. Any enlargement of the structure shall conform to the current dimensional requirements.
(2) The only exception to division (B)(1) above is for mobile or manufactured homes, where they may be replaced with a larger manufactured home. This also means a “singlewide” may be replaced with a “doublewide”.
(3) In the event of damage by fire or other causes to the extent exceeding 50% of its tax value prior to the damage as established by the Building Inspector, reconstruction of a nonconforming structure shall be permitted only in compliance with the dimensional provisions of the UDO.
(4) In the event of damage by fire or other causes to the extent causing less than 50% of its tax value prior to the damage as established by the Building Inspector, reconstruction of a nonconforming structure shall be permitted, provided a building permit is issued within 180 days of the structure’s destruction, and it is constructed:
(a) In the same manner in which it originally existed subject to compliance with the requirements of the State Building Code; or
(b) In compliance with the dimensional requirements.
(5) Nonconforming structures shall not be moved or relocated unless it is made to comply with the dimensional and use requirements of the district in which it is relocated and with the requirements of the State Building Code.
(C) Vacant structure.
(1) When a nonconforming structure or any aspect of a structure that is used in a nonconforming manner is discontinued for a consecutive period of 180 days, or greater than 180 days with good cause, the structure may thereafter be used only for conforming purposes.
(2) When a structure or any aspect of the structure that is made nonconforming by the UDO is vacant or discontinued at the effective date of the UDO, the 180-day period as defined in division (C)(1) above begins to run at the effective date of the UDO.
(D) Preservation of safe or lawful conditions. Nothing in the UDO shall prevent the strengthening or restoration to a safe or lawful condition any part of any building declared unsafe or unlawful by the Building Inspector or other duly authorized official.
(Ord. passed 7-25-2011)