Parcels or structures that were both in existence and in compliance with all land use and other laws on the date of passage of this chapter, and, further, that do not conform to the height, bulk, area and density regulations set forth in this chapter, shall be deemed to be legal, preexisting nonconforming parcels or structures that may be occupies or used subject to the following provisions:
(A) The use is a permitted use or a legal, pre-existing nonconforming use.
(B) The legal, pre-existing nonconforming parcel may not be further developed until compliance with the ordinance is demonstrated or until a variance from the terms of the ordinance is obtained from the Board.
(C) Except as permitted below, the legal, pre-existing nonconforming structure may not be expanded, enlarged or otherwise altered until compliance with the ordinance is demonstrated or until a variance from the terms of the ordinance is obtained from the Board.
(D) Any legal, pre-existing nonconforming structure damaged by fire, flood, explosion or other casualty may be reconstructed and used as before, if such reconstruction is undertaken within 18 months of such casualty, and if the restored structure has no greater coverage and contains no greater content (measured in cubic feet) than before such casualty.
(E) Normal maintenance and repair of a legal, pre-existing nonconforming structure may be performed, provided there is no significant physical change to the structure (such as, design, size, location and the like) and such maintenance and repair does not extend, enlarge or intensify the nonconforming structure or the use of the nonconforming structure, unless otherwise authorized by this chapter.
(F) Nothing herein contained shall require any change in the design or construction of a structure for which a building permit has been issued prior to the date of passage of this chapter and on which construction will begin within 60 days after the date of the permit and on which construction is diligently prosecuted to completion within one year after the date of the permit.
(G) These provisions apply in the same manner to a use which may become a nonconforming use as a result of an amendment to this chapter.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)