A. Enlargement Or Alteration:
1. A nonconforming structure may be structurally altered or enlarged, provided it is structurally altered or enlarged in a way that will not increase or extend its nonconformity.
2. Any nonconforming structure that is relocated on the same lot must thereafter conform to the applicable setback, building height, building width, and lot coverage standards.
B. Change Of Use:
1. Any nonconforming structure containing a conforming use may be converted to another conforming use, provided the conversion does not result in an increase in the degree of nonconformity of the structure.
2. Any nonconforming structure containing a nonconforming use may only be converted to another use in accordance with the provisions of section 14-4E-5, "Regulation Of Nonconforming Uses", of this article, and provided the conversion does not result in an increase in the degree of nonconformity of the structure. (Ord. 05-4186, 12-15-2005)
C. Damage Or Destruction:
1. Any nonconforming structure that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than seventy five percent (75%) of the assessed value of the structure, may be restored to the same degree of nonconformity or less. Any such restoration must be completed within two (2) years of the date the structure was destroyed or damaged; otherwise the structure may not be restored, except in compliance with the provisions of this title.
2. Except for designated historic landmarks or key or contributing structures in a Historic Preservation Overlay Zone, a nonconforming structure that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of seventy five percent (75%) or more of the assessed value of the structure, may not be restored except in compliance with the provisions of this title.
3. A nonconforming structure that is a designated historic landmark or a key or contributing structure in a historic preservation or conservation district overlay zone may be reconstructed upon its original foundation or the site of the original foundation regardless of the extent of the damages, provided it is reconstructed as nearly as possible to the original exterior design. A certificate of appropriateness from the historic preservation commission is required prior to commencing reconstruction.
4. For purposes of this subsection, the extent of the damage will be determined by the building official based on credible evidence provided by the property owner. (Ord. 06-4245, 12-12-2006)