Any structure, such as a primary structure, accessory structure, fence, and the like, lawfully established prior to the effective date of this chapter, as amended from time to time, that no longer meets the development standards, such as setbacks, height, and the like, shall be deemed a legal nonconforming structure.
(A) Continuation of nonconforming structures. The continuation and modification of nonconforming structures shall be consistent with the following requirements.
(1) Increases in nonconformity. No legal nonconforming structure shall be enlarged or altered in a manner that increases its nonconformity without the approval of a variance by the Board of Zoning Appeals. Any structure may be altered to decrease its nonconformity.
(2) Intentional alterations. Any legal nonconforming structure that is intentionally altered, moved for any distance, or replaced shall comply with the regulations of the district in which it is located. Any legal nonconforming structure that is intentionally altered, moved for any distance, or replaced shall not have the discontinued legal nonconforming features resume.
(3) Accidental alterations. Legal nonconforming structures that are required to be altered or removed due to government action or damage from fire, flood, other natural disaster, or criminal act may be restored to their legal nonconforming condition. Such structures, if rebuilt or restored, shall be identical or smaller in volume, height, setback, scale, and all other aspects to that which was altered or removed.
(B) Effect on single-family residences in non-residential districts. A legal nonconforming single-family residence located in any non-residential zoning district may be expanded by up to 50% of the pre-expansion living area, one time in any five calendar year period provided the expansion is for the purpose of continuing the residential use of the property. For the purposes of administering and enforcing this chapter, compliance with this chapter shall only be required of the expanded portion of the residence. With respect to building setbacks, the minimum setbacks for the expanded portion of the residence shall be as established by the current zoning, unless a development standards variance is obtained from the Board of Zoning Appeals.
(Ord. 121410, passed 1-11-2011)