A. Definition of Nonconforming Structure. If an existing structure conformed to the district bulk and setback requirements of this Ordinance prior to the effective date of this Ordinance or if the propertyowner can document to the satisfaction of the Zoning Enforcement Officer that the agricultural, single- or two family-residential, or residential accessory structure existed prior to March 1, 2005, regardless of if such agricultural, single- or two-family residential, or residential accessory structure conformed to district bulk and setback requirements of this Ordinance at the time of construction, and such structure does not meet all standards set forth in this Ordinance, that structure is deemed a legal nonconforming structure.
B. Ordinary Repairs and Maintenance. Maintenance and repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of any previously existing nonconformity.
C. Expansions and Relocations.
1. A structure that is nonconforming with respect to the bulk requirements and setbacks for the zoning district in which it is located cannot be added to or enlarged unless specifically permitted by this Ordinance.
2. No nonconforming structure may be relocated, in whole or in part, to any other location on the same or any other property, unless the entire structure thereafter conforms to all regulations of the zoning district in which the structure is relocated. This provision shall not be interpreted as prohibiting the elevation of a nonconforming structure for the purpose of flood proofing or flood repair.
D. Structural Alterations, Damage, or Destruction. For the purposes of this Section, structural alterations conducted without proper approval are treated as damage or destruction.
1. No structural alterations are permitted for any nonconforming structure, except in the following situations:
a. When the structural alteration is required by law or is necessary to restore the structure to a safe condition, upon the order of any official charged with protecting the public safety.
b. When the structural alteration will result in eliminating the nonconformity.
c. When the structural alteration is located entirely in a portion of the structure that complies with bulk requirements and setbacks, will not create any new nonconformity, increase the degree of any existing nonconformity.
d. When the structure is nonconforming with respect only to minimum lot area and/or minimum lot frontage and will not create any new nonconformity.
e. When specifically permitted by this Ordinance.
2. In the event that any nonconforming structure is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value at that time, then the structure cannot be restored or rebuilt unless the structure is made to conform to all regulations of the zoning district in which it is located.
3. When such a structure is damaged or destroyed to the extent of less than fifty percent (50%) of the replacement value at that time, it may be repaired and reconstructed provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one (1) year of the date of damage or destruction.
4. The replacement value of the nonconforming structure is based on: 1) the sale of that structure, excluding the value of the land, within the previous year or, if that is not applicable; 2) an appraisal within the last two (2) years or, if that is not available; 3) the amount for which the structure was insured prior to the date of damage or destruction or, if that is not available; 4) an alternative method determined acceptable by the County.
5. The amount of damage to a structure is equal to the repair cost of bringing that structure to its original conditions prior to the damage or destruction. Calculation of the repair cost must include all materials and market rate labor to reconstruct to the same quality or value. If the structure is located in the floodway or floodplain, it must also consider value of all home improvements over the last ten (10) years. Repair costs will be reviewed utilizing published construction estimating guide(s).
E. Extension of Walls for Nonconforming Single-Family and Two-Family Dwellings. Where a single-family or two-family dwelling is a legal nonconforming structure because of encroachment into the required street setback, the structure may be enlarged or extended vertically along the same plane as defined by its existing perimeter walls, so long as the resulting structure complies with the required side yard setbacks and does not increase the degree of the existing nonconformity or otherwise violate this Ordinance. (See Figure 16.80-2: Vertical Extension of Nonconforming Walls)
(Ord. O-201410 -10-035, passed 10-14-201 4; Ord. O-201601- ZBA-006, passed 1-19-2016; Ord. O-201603 -ZBA-010, passed 3-17-2016, § 20.4; Ord. O-201803 -ZBA-10-0 8, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018; Ord. O-202201-ZBA-002, passed 1-18-2021)