Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Ordinance by reason of restrictions of area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;
(b) Any non-conforming building, use, or structure which has been destroyed or damaged by fire, other casualty, act of God, to the extent of sixty percent (60%) or more of its cost of its fair market value, shall thereafter conform to all provisions of this Code.
Determination of the fair market value shall be made by three (3) practicing building construction contractors, one to be appointed by the owner, one to be appointed by the City, and the third to be selected by the mutual consent of the two (2) parties.
In the case of repair or replacement of partial destruction of the structure, a building permit must be applied for within six (6) months of the destruction and repairs must be completed within six (6) months of the issuance of the permit or the non-conforming structure or use shall be considered to have been abandoned. The initial date of abandonment shall, in such case, be the date the initial destruction occurred.
(c) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)