Where a lawful structure or building exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Zoning Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:
(a) Restrictions on Creating Nonconformities: No such building or structure may be enlarged or altered in a way which increases its nonconformity. Such structures may be enlarged or altered in a way which does not increase its nonconformity.
(b) Restrictions on Movement: Should such structure be moved for any reason or for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is relocated or moved.
(c) Restrictions on Alteration or Modification: If a nonconforming structure or building is altered or modified so as to eliminate, remove, or lessen any or all of its nonconforming characteristics, then such nonconforming characteristics shall not be later re-established or increased. The Board of Zoning Appeals shall determine if a proposed alteration would decrease the degree of nonconformity.
(d) Restrictions on Replacements:
(1) Nothing in this Zoning Ordinance shall prevent the reconstruction, repair, or restoration and the continued use of any nonconforming structure damaged by fire, collapse, explosion, acts of God or acts of public enemy, subsequent to the effective date of this Zoning Ordinance.
(2) Any nonconforming building which has been damaged substantially or destroyed may be repaired, rebuilt or replaced within eighteen (18) months of such damage or destruction, provided that such repairs or rebuilding or replacement does not extend or expand the previously existing nonconforming structure.
(3) Where pending insurance claims require an extensions of time, The Zoning Inspector may grant a time extension provided that the property owner submit a certification from the insurance company attesting to the delay. Until such time as the debris from the damaged building/structure is fully removed, the premises shall be fenced and secured from pedestrian or unauthorized access.
(Ord. 1166. Passed 9-24-01.)