(A) General. A non-conforming principal structure containing a conforming use may only continue in accordance with the provision of section. For a non-conforming principal structure and a non-conforming use see § 152.111 of this chapter.
(B) Continuation. Normal repair and maintenance may be performed to allow the continued use of non-conforming structures.
(C) Enlargement. A non-conforming structure shall not be enlarged or expanded in any way that increases the degree of non-conformity. (For example, a structure that has a five-foot side yard setback where the chapter requires a ten-foot side yard setback cannot be enlarged so as to further encroach into the side yard setback.) Expansion of the structure in a way that complies with applicable dimensional standards or that decreases the degree of non- conformity is permitted.
(D) Relocation. A non-conforming structure shall not be moved, in whole or in part, to another location within the town’
(E) Reconstruction after casualty damage.
(1) Destruction or damage beyond 50% of tax value.
(a) In the event a non-conforming structure (or portion of a structure) is damaged or destroyed, by any means, to an extent more than 50% of its structural replacement cost (tax value) at the time of damage or destruction, it shall only be restored in a manner that conforms with the provisions of this chapter.
(b) New construction (including the establishment of off-street parking, landscaping, signage and other site features) shall be in accordance with the requirements of this chapter.
(2) Damage of 50% or less of tax value.
(a) In the event a non-conforming structure is damaged or destroyed, by any means, to an extent of 50% or less of its structural replacement cost (tax value) at the time of damage or destruction, it may be re-built to its previous form if a building permit for such repair or restoration is obtained within 180 days of the casualty damage, and repair or restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.
(b) In no event shall repair or restoration increase the degree of non-conformity.
(Ord. passed 3-5-2018)