A. Applicability: A legal nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this title. For the purposes of this chapter, legal nonconforming structures shall include signs (see section 10-20-8: Nonconforming Signs), on-site development, off-street parking and loading facilities, and landscape characteristics.
B. Ordinary Maintenance And Repair: Ordinary maintenance and repair may be performed on any legal nonconforming structure provided that such activities will not create any new nonconformity or increase the degree of any existing nonconformity.
C. Structural Alterations, Enlargements, And Additions: Structural alterations, enlargements, and additions shall not be performed on any legal nonconforming structure, except in the following situations:
1. When the alteration, enlargement, or addition is required by law or is necessary to restore the structure to a safe condition as determined by the Zoning Administrator.
2. When the alteration, enlargement, or addition is for the purpose of creating a conforming structure.
3. When the alteration, enlargement, or addition will not create any new nonconformity, extends no further than the existing non-conforming setback, and does not increase the height of the existing structure.
D. Relocation: A legal nonconforming structure shall not be relocated on the same lot or any other lot unless the relocation of such structure meets the requirements of the zoning district to which the structure is relocated.
E. Damage Or Destruction:
1. In the event that a legal nonconforming structure is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value, then the structure may not be repaired unless it meets the requirements of the zoning district in which the structure is located.
2. In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than fifty percent (50%) of its replacement value, the structure may be repaired provided that:
a. The repairs will not create any new nonconformity or increase the degree of any existing nonconformity.
b. A building permit is obtained for such repairs within one hundred eighty (180) days of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit.
3. The replacement value of the legal nonconforming structure shall be established by:
a. The sale of the structure within the previous year, or if that is not applicable;
b. An appraisal of the structure within the last two (2) years, or if that is not available;
c. The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available;
d. An alternative method determined acceptable by the Zoning Administrator.
F. 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 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 title.
G. Principal Single-Family And Two-Family Residential Structures Deemed Conforming: Lawfully created principal single-family and two-family residential structures, which also may include a legal nonconforming detached garage, that do not meet the underlying zoning district requirements as of the effective date of this title shall be allowed to be rebuilt in the same building footprint if damaged or destroyed provided that:
1. It does not increase the degree of the nonconformity;
2. The nonconforming principal residence and/or detached garage is reconstructed within one year of being damaged or destroyed.
(Ord. 21-3, 1-18-2021)