A. Enlargement, Relocation, or Structural Alteration
A conforming structure used for a nonconforming use shall not be enlarged, reconstructed, relocated, or structurally altered unless the use of the structure is changed to a use allowed in the zoning district in which the structure is located.
Minor repairs and normal maintenance that are required to keep conforming structures used for nonconforming uses and nonconforming structures used for nonconforming uses in a safe condition are permitted, provided the minor repairs and maintenance do not extend, expand, or enlarge the nonconforming use and the cumulative costs of such repairs or maintenance in any 12-month period do not exceed ten percent of the fair market value of the structure being repaired or maintained. For the purposes of this subsection, "minor repair or normal maintenance" shall mean:
1. Repairs that are necessary to maintain conforming structure used for nonconforming uses in a safe condition; and
2. Maintenance of land areas to protect against health hazards and promote the safety of surrounding uses.
C. Reconstruction or Restoration of Damaged Structure Used for Nonconforming Use
The reconstruction or repair of a damaged conforming structure used for a nonconforming use shall be subject to the following provisions.
1. Damage up to 50 Percent of Value
If a conforming structure used for a nonconforming use is damaged by fire or other casualty to an extent whereby the cost of restoring the structure to its before-damaged condition would be 50 percent or less of its fair market value before the damage, the structure may be reconstructed or repaired, and the nonconforming use continued, if:
a. The reconstruction does not increase, expand, enlarge, or extend the degree of nonconformity; and
b. The reconstruction is actually begun within one year after the damage and is diligently pursued to completion.
2. Damage Greater than 50 Percent of Value
If a conforming structure used for a nonconforming use is damaged by fire or other casualty to an extent whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of its fair market value before the damage occurred, the structure shall not be reconstructed or used except in conformity with the provisions of this Code.
(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)