A. Nonconforming Structures Containing a Conforming Use. Any lawful nonconforming structure containing a conforming use may continue in accordance with this Section. Any enlargement of a nonconforming structure containing a conforming use shall comply with all required setbacks in this UDO and other applicable regulations, and may not create any additional dwelling units, create new nonconformities, or increase the extent of existing nonconformities. A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless upon relocation it conforms to the requirements of this UDO.
B. Nonconforming Structures Containing a Nonconforming Use. A nonconforming use that is contained within a nonconforming structure is subject to subsection 10.3: Nonconforming Uses. Nonconforming structures shall meet the requirements defined in Section 10.4.A above.
C. Minor Repairs and Maintenance. Minor repairs to, and routine maintenance on, nonconforming structures shall be allowed. Minor repairs and routine maintenance shall mean repairs and maintenance that are necessary to maintain a nonconforming structure in a safe condition and to protect against hazards to the safety of surrounding areas and uses. Major repairs, defined as repairs exceeding fifty (50) percent or more of the value of the nonconforming structure, are subject to Section 10.4.D below.
D. Major Repair, Damage or Destruction. Reconstruction of a nonconforming structure that is in need of more than a minor repair as defined in 10.4.C above, or is destroyed, is subject to the following standards:
1. Damage of 50% or More of Value. Except for single family dwellings, if the nonconforming structure is damaged or destroyed to an extent which constitutes fifty (50) percent or more of its assessed value, the structure may be repaired or rebuilt, and the use re-established, only in conformity with the regulations of this UDO. Any related new construction, including off-street parking, landscaping, signage and other similar features shall be in accordance with this UDO.
2. Damage of Less Than 50% of Value. If the nonconforming structure is damaged to an extent which constitutes less than fifty (50) percent of the assessed value, the structure may be repaired or rebuilt to its previous form, and the previous use re-established, if a building permit is obtained. The building permit must be obtained and repairs must begin within one (1) year of the damage. Repairs should be active and diligently pursued to completion, with a maximum two (2) years to complete.
3. Single Family Dwellings. A nonconforming single family dwelling which is damaged or destroyed to an extent of fifty (50) percent of assessed value or more may be rebuilt to its previous permitted form.