(A) Where a lawful nonconforming building or structure exists at the effective date of this Zoning Code, or an amendment thereto, that does not comply with the requirements of this Code because of restrictions such as floor area, lot coverage, width, height, or setbacks, that building or structure may continue to be occupied and used as long as it remains otherwise lawful, subject to the following provisions:
(1) Nononconforming building or structure may be enlarged or altered in a way that increases its nonconformity, except in cases in which the setback of a building or structure is nonconforming by 50% or less of the distance required by this Code. Only in these cases may the nonconforming setback be extended along the same plane as the existing nonconforming setback, provided that in so doing, the setback itself is not further reduced.
(2) In the event that a nonconforming building or structure is destroyed to an extent of more than 50% of its replacement value, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this Code; provided that the Board of Zoning Appeals may, upon application, permit the reconstruction of the nonconforming building or structure if all of the following conditions are met:
(a) The prior nonconforming condition(s) shall not be increased.
(b) The new building or structure shall be placed on the original foundation, unless the building or structure could be so located as to reduce the extent of its nonconformity on the lot.
(c) The application to reconstruct the nonconforming building or structure shall be filed with the Zoning Administrator within six months of the event in which the building or structure was damaged or destroyed.
(d) The reconstruction of the building or structure shall not be detrimental to adjacent property and the surrounding neighborhood.
(3) If a nonconforming building or structure is moved for any reason and for any distance, it shall be moved to a location which complies with the requirements of this Code.
(B) None of the provisions of this section are meant to preclude normal repairs and maintenance on any nonconforming building or structure, nor intended to prevent strengthening or correcting any unsafe condition.
(Res. 21-1165, passed 7-20-21)