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(A) Continuation of nonconforming structures. Any structure, devoted to a use permitted in the zoning district in which it is located, that does not comply with the applicable bulk, height or floor area requirements, or that is located on a lot that does not comply with the applicable lot or yard requirements, or both, may be continued so long as it remains otherwise lawful subject to the restrictions in this section.
(B) Enlargement, alteration and repair of nonconforming structures. Any structure described in division (A) may be enlarged, maintained, repaired or remodeled; provided, however, that no enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or part of the structure.
(1) For structures located on a lot that does not comply with the applicable lot size requirements, the front and side yard requirements shall be as specified in § 156.061(B).
(2) An addition may be constructed to a principal structure that is lawfully nonconforming with respect to the required yard setbacks, provided the addition maintains the same or a greater yard setback than the principal structure, and does not increase the extent of the nonconformity.
(3) A multi-dwelling building that is nonconforming with regard to quantity of units may not be expanded to add additional dwelling units.
(C) Damage or destruction of nonconforming structures. In the event that any principal structure is damaged or destroyed, by any means, to an extent that repair or replacement does not exceed 75% of the cost of replacement at the time of damage or destruction (as determined by the Zoning Administrator), it can be rebuilt without conforming to all the regulations of the zoning district in which it is located, provided the restoration:
(1) Does not increase any previously-existing nonconformity;
(2) Meets all other zoning requirements;
(3) Begins within one year after the date of damage; and
(4) Is diligently pursued to completion within the time frames established by building permits, subject to extension upon proof of project construction effort.
(D) Determining values and costs related to damage or destruction to nonconforming structures. The value of a nonconforming structure shall be determined based on the county-established equalized assessed value (EAV) in place at the time of the damage or destruction. In establishing the cost of replacement or repairing damage, the Zoning Administrator shall determine which independent, third-party information source is most appropriate to apply, based on the specific circumstances of the site and the damage or destruction. These may include, but may not be limited to, use of Dodge Data and Analytics or insurance adjustment reports.
(E) Replacing nonconforming accessory structures. At the determination of the Zoning Administrator, nonconforming accessory structures described in this section may be replaced in their nonconforming location, upon finding that, because of its shape, size, topography or established trees, the property affords no alternative location or arrangement for conformity.
(F) Moving nonconforming structures. No structure described in division (A) shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure shall conform to the regulations of the zoning district in which it is located after being moved.
(Ord. 21-016, passed 8-18-21)