1242.02 NON-CONFORMING BUILDINGS/STRUCTURES: EXISTING.
   (a)   Legal Non-conforming Buildings or Structures: Continuation. Any building or structure, existing at the time of the adoption or amendment of this Code that does not comply with the requirements of this Code in terms of setbacks, size, height, lot frontage, lot area, or lot coverage for the district in which it is located may be continued and be utilized legally. Such buildings or structures shall be known as: legal non-conforming buildings or structures.
   (b)   Legal Non-conforming Buildings or Structures: Substitution. Any non-conforming building or structure, or one or more of a group of non-conforming buildings or structures which have been damaged by fire, flood, explosion, earthquake, war, riot or act of God may be reconstructed and used as before, provided such reconstruction is completed within twelve months of such calamity and the building or structure restored does not exceed the area as it existed at the time of such calamity.
   (c)   Legal Non-conforming Buildings or Structures: Repair, Alteration, Enlargement.
      (1)   When a structure is non-conforming for a reason other than size, height, setback, lot coverage, lot area or lot frontage, an alteration or enlargement shall be approved by the Board.
      (2)   When a structure is non-conforming due to size, height, setback, lot coverage, lot area or lot frontage, the following provisions are applicable:
         A.   Repairs, non-structural alterations and interior structural alterations to all structures are permitted.
         B.   Exterior structural alterations and enlargements for other than single- family dwellings and their accessory buildings shall be approved by the Board.
         C.   Exterior structural alterations to single-family dwellings are permitted.
         D.   Enlargements to a single-family dwelling and its accessory structures are permitted when:
            1.   The enlargement conforms to the height, setback and lot coverage requirements of the district and the existing structure shall not be less than five feet from any front lot line, ten feet from any rear lot line and zero feet from any side lot line, or,
            2.   The enlargement does not increase the violation of the height, setback or lot coverage requirements of the existing building; and neither the existing building nor the enlargement is less than five feet from any front lot line, ten feet from any rear lot line and three feet from any side lot line.
(Ord. 08-33. Passed 5-4-09.)