(A) Definition. A NONCONFORMING STRUCTURE is any building or structure that was legally established but which no longer complies with the density, intensity, and dimensional standards of the underlying zoning district.
(B) Use. A nonconforming structure may be used for any use allowed in the underlying zoning district.
(C) Expansion. A nonconforming residential structure may be enlarged or expanded if such residential expansion follows the outside wall at ground level, other than porches, decks, or canopies. The outside wall (other than porches, decks, or canopies) of a nonconforming residential structure that does not meet current dimensional standards (setbacks), shall only be allowed to expand vertically from ground level provided that such expansion does not exceed the maximum building height requirements for that zoning district or encroach into any setback. All other expansion shall meet all other applicable portions of the chapter including density, intensity, and dimensional standards.
(D) Moving. A nonconforming structure may be moved in whole or in part to another location if the movement or relocation does not increase the extent of nonconformity.
(E) Subdivision. If a lot is occupied by a nonconforming structure, it may be subdivided provided that subdividing does not create a new nonconformity or increase the degree of nonconformance of the structure.
(F) Loss of legal nonconforming status; damage or destruction.
(1) No nonconforming commercial or industrial structure that is damaged by fire or any other cause shall be restored if the cost of the repair work equals 50% or more of the structure’s total physical replacement cost. Determination of physical replacement costs shall be made by the Director of Building Inspection. When such repairs are allowed to be made, they shall be in full compliance with the regulations of this chapter.
(2) A nonconforming residential structure that is damaged by fire or any other cause may be restored. In such cases, the structure may be re-established to the extent that existed before the time of damage, within the pre-existing structure boundaries (footprint and height), provided that the repairs or rebuilding do not increase the degree of nonconformity and provided that such repairs, restoration, and reconstruction begin within 12 months of the date of such damage.
(3) Nothing in this section shall conflict with the requirements of the Federal Emergency Management Agency’s Flood Plain Management Regulations.
(Ord. 2012-06, § 10.3, passed 10-18-2012; Ord. 2013-09, passed 8-15-2013)