Any otherwise lawful structure which exists on the effective date of this chapter, but which could not be erected under the terms of this chapter because of requirements/restrictions concerning lot size, height, setbacks, or other characteristics of the structure or its location on the lot, may lawfully remain, subject to the following provisions.
(A) Maintenance. A nonconforming structure may be maintained by ordinary repairs.
(B) Enlargement, alterations. An existing nonconforming structure shall not be enlarged or altered in any way which increases its nonconformity except by variance.
(C) Relocation. A nonconforming structure shall not be moved unless, after relocation, it will conform to all the regulations of the district in which it is situated.
(D) Reconstruction.
(1) No structure which is destroyed or damaged by any means shall be reconstructed if the Administrator determines that the cost of such reconstruction exceeds 50% of the structure’s market value at the time of loss, unless after reconstruction the structure will conform to all applicable regulations of the district in which it is located. In the event the Administrator determines the estimated cost of reconstruction is less than 50% of the structure’s market value at the time of loss, repairs or reconstruction shall be permitted, provided such work starts within six months from the date the damage occurred and is diligently prosecuted to completion.
(2) The Administrator may require that the reconstruction cost estimate be made by a bona fide construction contractor, and that the structure’s market value at the time of loss be determined by a licensed real estate appraiser. The owner of the damaged structure shall be responsible for obtaining these estimates for the Administrator.
(3) As an alternative, the market value may be determined by the Administrator by using the “state equalized assessed value” multiplied by the number three.
(4) The provisions of this division (D) shall not apply to single-family dwellings.
(1999 Code, § 40-8-3) (Ord. 5/9/2000-1, passed 5-9-2000; Ord. 02/14/2006-1, passed 2-14-2006)