A nonconforming building may be continued to be occupied so long as it remains otherwise lawful, subject to the following provisions:
(a) Maintenance and Repair. A nonconforming building may continue to be used, maintained and repaired, provided, however, no structural parts shall be replaced except when required by law to restore to a safe condition, or to make the building or use conform to the regulations of the district in which it is located.
(b) Alteration or Enlargement. A nonconforming building shall not be altered, added to or enlarged unless the additions and original buildings are made to conform to the setback, yard coverage and height of the district in which it is located, except:
(1) A nonconforming building may be altered, modernized or enlarged provided that the alterations and enlargements conform to all of the setback, yard coverage and height regulations and upon the issuance of a special permit of the Building and Zoning Board of Appeals.
(2) A nonconforming dwelling may be altered, modernized or enlarged provided the alterations and enlargements conform to all the yard regulations and setback requirements.
(c) Moving. A nonconforming building shall not be moved in whole or in part to any other location on the lot or other premises, unless every portion of such building so moved is made to conform to all regulations of the district in which it is to be located.
(d) Restoration of Damaged Building.
(1) If a nonconforming building is damaged or destroyed by any cause to the extent of fifty percent (50%) or less of its reproduction cost, those portions so destroyed or damaged may be restored but to not more than its former size, provided such restoration is completed within a period of one year from date of damage or destruction. If such a building is occupied by a nonconforming use prior to damage such use may be continued.
(2) If a nonconforming building is damaged or destroyed more than fifty percent (50%) of its reproduction cost, no repairing or reconstruction shall be made unless every portion of the building is made to conform to regulations of the district in which the building is located and unless occupied by a conforming use.
(3) In the event the City and the owner cannot agree on the reproduction cost, determination of the reproduction cost shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the Mayor, and the third to be selected by the mutual consent of the two parties. The decision of a majority of those so appointed shall be considered as a binding reproduction cost for the purpose of this section.
(Ord. 90-125. Passed 5-21-91; Ord. 2016-36. Passed 8-2-16.)