(a) Definition. A nonconforming feature is a physical feature or characteristic of a use, building, structure or other development or land that was lawfully established prior to the effective date of this chapter or a subsequent amendment thereto, but does not conform to the intensity regulations of article II or the design standards of article VI of this chapter applicable to such use, building, structure or development of land. Nonconforming features include, but are not limited to, physical features and characteristics of development that exceed allowable maximum standards (height, etc.), and those that lack or fall short of required minimum standards (setbacks, open space/recreation space, parking and loading spaces, access and circulation arrangement and design, water supply and sewage disposal arrangement, and landscaping requirements).
(b) Regulations. Nonconforming features may be continued subject to the following limitations:
(1) Action shall be taken which increases the degree or extent of the nonconforming feature. Any enlargement, extension or structural alteration shall conform to all current requirements of this article.
(2) When a building, structure, or other development of land having a nonconforming feature is damaged or demolished to the extent of 50 percent or more of its assessed taxable value, such building, structure, or development of land may be reconstructed only if the nonconforming feature is eliminated and the building or structure shall thereafter conform to the provisions of this chapter.
(c) Discontinuance. Any sign having a nonconforming feature shall be either eliminated or made to conform with the provisions of this chapter when any substantial alteration to the sign is proposed. Any building, structurally independent or freestanding structure other than a sign, or other development of land, (fencing, parking area, or accessory structure) having a nonconforming feature and having a replacement of correction cost of less than $5,000.00 shall be either eliminated or made to conform with the provisions of this chapter, within three years after the date of the notice of nonconformity required in section 14-557.
(Ord. of 7-10-2000, § 12.4; Amend. of 8-3-2020)