(A) Expansion or Enlargement: A nonconforming structure shall not be enlarged, extended or intensified in any way so as to increase the existing nonconformity or nonconformities, except as provided below;
(B) Maintenance or Minor Repair: The maintenance or minor repair of a nonconforming structure is permitted, provided that it does not extend or expand the nonconforming structure nor increase its size or intensity. For the purposes of this Section, maintenance or minor repair shall mean:
(1) Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or interior and exterior appearance of a building or structure without expanding or altering the building structure;
(2) Maintenance of land areas to protect against health hazards and promote the safety of surrounding land uses;
(3) The addition of landscaping that increases the visual attractiveness of the property;
(4) Repairs which are required to remedy unsafe conditions which cause a threat to public safety;
(C) Damage or Destruction: If a nonconforming structure is destroyed by any means other than acts of God to an extent greater than fifty percent (50%) of its replacement cost at the time of destruction, then such structure shall not be restored, nor any use of the structure be reestablished in any way which does not conform to the requirements of this Ordinance. However, if the destruction is a result of acts of God the use and or structure can be re-established to the previous extent. However, with respect to structures located within a multi-family development, the fifty percent (50%) shall be measured with reference to the development as a whole and not an individual multi-family dwelling.
Notwithstanding the aforesaid, existing legally constructed nonconforming single family and duplex dwellings located within the Historic Preservation Overlay District may be rebuilt if they are destroyed by any means as long as the heated and unheated enclosed square footage of the structure is not increased. If the existing structure is also nonconforming in regard to setbacks it shall comply with the setback regulations at the time it is reconstructed. These dwellings shall also be allowed to construct additional outdoor living spaces, porches and decks so as to be afforded the same opportunity to improve the livability and appearance as conforming single family homes in the Historic Preservation Overlay District.
(D) Section Not Applicable to Nonconforming Signs: This Section shall not apply to nonconforming signs, the continuation, replacement, removal, expansion, maintenance, and repair of which are governed by Section 2.3.4
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(E) Existing Single Family Dwellings: Single-family dwellings and their accessory structures with setbacks made legal nonconformities by the adoption of this Ordinance are exempt from the requirements of this Section if the proposed addition or alteration will either meet the current setback requirements or will not further encroach into any required setback than the existing structure. This shall not apply to enclosing existing nonconforming decks and patios not under roof if the deck or patio is the furthest projection into the setback. All other requirements including impervious surface shall be met.
