(A) Minor repairs to, and routine maintenance of, property where nonconforming situations exist are permitted and encouraged. Major renovations, i.e., work estimated to cost more than 50% of the appraised valuation of the structure to be renovated, may be completed only in accordance with a zoning permit pursuant to this section.
(B) If a structure (located on a lot where a nonconforming situation exists) is damaged to an extent that the costs of repair or replacement would exceed 50% of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a zoning permit issued pursuant to this section. Also, this division (B) does not apply to single-family residential structures. Such structures may be reconstructed pursuant to a zoning permit just as they may be enlarged or replaced as provided in § 152.173.
(C) For purposes of divisions (A) and (B) above.
(1) The cost of renovation or repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement.
(2) The cost of renovation or repair or replacement shall mean the total cost of all such intended work and no person may seek to avoid the intent of divisions (A) and (B) above by doing such work incrementally.
(3) The appraised valuation shall mean either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation, or the valuation determined by a professionally recognized property appraiser.
(D) The Land Use Administrator shall issue a permit authorized by this section if he, she, or they finds that, in completing the renovation, repair, or replacement work:
(1) No violation of § 152.173 will occur; and
(2) The permittee will comply to the extent reasonably possible with all provisions of this chapter applicable to the existing use (except that the permittee shall not lose his, her, or their right to continue a nonconforming use).
(E) Compliance with a requirement of this chapter is not considered reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained, or by moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.
(Ord. passed 12-20-2001) Penalty, see § 152.999