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A. Continuation: A noncomplying structure may be continued so long as no additions or enlargements are made thereto and no structural alterations are made therein, except as permitted by this section or as may be required by law. If a noncomplying structure is removed from the lot where it was located, each future structure on such lot shall comply with the provisions of this title.
B. Maintenance And Repair: A noncomplying structure may be maintained. Repairs and structural alterations may be made to a noncomplying structure within the existing footprint thereof provided the degree of noncompliance is not increased.
C. Enlargement And Expansion: Any expansion or enlargement of a noncomplying structure that increases the degree of noncompliance is prohibited except as provided in this subsection. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; amd. Ord. 2005-15, 7-21-2005)
1. The initial determination of whether a proposed expansion increases the degree of noncompliance shall be made by the Zoning Administrator. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)
2. A structure which is noncomplying as to height, area, or yard requirements may be enlarged upon authorization by the Appeal Board provided the Board, after notice and a hearing, finds the enlargement to be compatible with adjoining property and not detrimental to the community, as determined by the effect of the enlargement on traffic, value of adjacent and nearby properties, and the availability of adequate public facilities and services. (Ord. 2018-12, 10-18-2018)
D. Relocation: If a noncomplying structure is relocated within the City, it shall be placed only in a location where it fully complies with the requirements of this title.
E. Alteration Where Parking Insufficient: A building which is complying except for sufficient automobile parking, as required by this title, may be altered or enlarged provided additional automobile parking space is supplied to meet the requirements of this title for the noncomplying portion of the old structure and the alteration or enlargement. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; amd. Ord. 2005-15, 7-21-2005)
F. Reconstruction Or Restoration:
1. The reconstruction or restoration of a noncomplying structure or the nonconforming use of a structure that is involuntarily destroyed in whole or in part due to fire or other calamity may be prohibited or terminated if the structure or use has been abandoned.
2. The reconstruction or restoration of a noncomplying structure may be prohibited, or the nonconforming use of a structure may be terminated, if:
a. The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice to the property owner that the structure is uninhabitable and that the noncomplying structure or nonconforming use will be lost if the structure is not repaired or restored within six (6) months; or
b. The property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use. (Ord. 2005-15, 7-21-2005)
G. Unsafe Structures: Nothing in this section shall be construed to permit the continuing use of a structure found to be in violation of any applicable Life Safety or Health Code. The right to continue use of a noncomplying structure shall be subject to the life safety requirements of applicable Housing, Building, Health, and other Life Safety Codes. (Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; amd. Ord. 2005-15, 7-21-2005)