A. Proposed Structure: Any proposed structure that will become nonconforming by amendment of this title but for which a building permit has been lawfully granted prior to the effective date of the amendment, may be completed in accordance with the approved plans; provided construction is started within sixty (60) days of the effective date of the amendment, is not abandoned for a period of more than one hundred twenty (120) days, and continues to completion within two (2) years. The structure shall thereafter be a legal nonconforming structure.
B. Alterations: Alteration and normal maintenance to a legal nonconforming building or structure may be made through the building permit process provided:
1. The alterations do not expand the foundation and/or building size (including deck additions), unless specifically allowed by this title.
2. The alterations do not increase the building occupancy capacity or parking demand.
3. The alteration does not increase the degree of the nonconforming condition of the building, site or the use.
C. Expansion Of Legal Nonconforming Buildings Or Structures:
1. Administrative Approvals: The following expansions of legal nonconforming single- and two-family residential buildings may be approved through the administrative permit process by the zoning administrator subject to the provisions of chapter 8 of this title. The zoning administrator shall make a determination that the building expansion will comply with the intent and purpose of this chapter and this title.
a. Expansion of principal buildings found to be nonconforming only by reason of height and yard setback may be allowed provided the expansion complies with the performance standards of this title.
b. Expansion of nonconforming detached accessory structures shall not be allowed.
c. Expansion of principal buildings within the Floodplain Overlay District shall comply with section 11-101-29 of this title.
d. Expansion of principal buildings within the Shoreland Overlay District shall comply with section 11-102-15.B of this title.
2. Conditional Use Permit: Legal nonconforming commercial, industrial, public, semipublic, and multiple-family residential principal structures may be expanded on the same lot by conditional use permit provided:
a. The expansion will not increase the nonconformity of the building or site.
b. The new building expansion will conform to all the applicable performance standards of this title. A conditional use permit shall not be issued under this chapter for a deviation from other requirements of this title unless variances are also approved.