1171.09 NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption of amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, build, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. If a structure is non-conforming due to a yard requirement, the structure may be enlarged or increased provided it does not increase its non- conformity. For example, if a structure is non-conforming due to a front yard setback, the structure may be enlarged only to the extent that the previously established front yard setback is not further reduced (see Illustration A).
B. Should a non-conforming structure be destroyed, damaged or removed by any means, including acts of God but not including acts of malicious mischief or vandalism not caused by or on behalf of the owner, to a point that the remaining structure is equal to or less than sixty percent (60%) of the area of the structure, (exclusive of foundation) prior to such destruction, damage, or removal, the structure shall not be rebuilt or restored on the same location, except in conformity with the regulations for the district in which it is located. Any rebuilding or restoration of such non-conforming structure shall commence within six (6) months of the occurrence of the damage, destruction or removal, or the remainder of the structure shall be removed. In the event such non-conforming structure is not rebuilt or restored, it shall be totally removed within six (6) months of the occurrence of the damage, destruction or removal.
C. Should a non-conforming structure be damaged, destroyed or removed by any means to a point that the remaining structure is greater than 60% of the area of the structure (exclusive of foundation) prior to such damaged, destruction or removal, the structure may be rebuilt on the same location to the same dimensions and location of the original structure, with construction beginning within six (6) months of the destruction, damage or removal.
D. The time periods provided herein for construction, rebuilding or restoration, of any structure subject to this section may be extended by the Code Enforcement Officer for good cause upon application by the owner made prior to the expiration of any such time period. Good cause shall not include undue delay on the part of the owner in commencing such construction, rebuilding or restoration or in pursuing insurance or financing.
E. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for that district in which it is located after it is moved. (Ord. 2011-018. Passed 5-17-11.)