A. Dimensional Nonconformities:
1. Whenever a nonconforming facility is replaced, damaged or destroyed, the facility may be restored complying with the original footprint of the nonconforming portion of the structure but in a manner which would not increase the preexisting degree of nonconformity. If the preexisting nonconforming portion of the structure is included in any modification to the facility and if this portion of the structure includes overhangs, eave lines or rooflines, these overhanging features shall be modified to eliminate the nonconformity to the extent possible.
2. Any portion of a nonconforming facility which is changed to conform to the regulations of the zoning district where located shall not be changed back to a nonconforming portion.
B. Lot Nonconformities: Whenever a structure that is otherwise conforming, except that the lot upon which it is located is nonconforming is damaged or destroyed, then the structure may be repaired or rebuilt as set forth above. Also, nonconforming lots may be adjusted utilizing the boundary line adjustment process described in subsection 9-3-5A3 of this title so long as the adjustment does not create a new nonconformity or a greater degree of nonconformity. In order to preserve the status of a legal, nonconforming lot that is eligible for a building permit, a building site (the area of the lot that is left after setbacks are considered) must be maintained with a minimum of thirty feet (30') in the smallest dimension and must be at least one thousand two hundred (1,200) square feet in size.
C. Nonconforming As To Dimension And Lot: Any nonconforming facility used for a permitted activity may be repaired, altered or expanded subject to the following provisions:
1. No structural alterations or expansions, except those required by law, shall be made to the nonconforming portion of any facility.
2. Such repairs or alterations shall not result in a greater degree of nonconformity. (Ord. 276, 1-5-2016)