The following provisions apply to legal non- conforming structures, structures associated with legal non-conforming uses and structures associated with legal non-conforming lots.
(A) Legal non-conforming building provisions. The provisions for legal non-conforming buildings, a subcategory of structures, are as follows.
(1) Building expansion. A legal non- conforming building shall be permitted to expand in area and height as long as the non-conformity is not increased and the expansion otherwise meets the current unified development ordinance. For example, if a building is in violation of the maximum height standard, it can be expanded in area as long as the new addition does not exceed the maximum height standard and is otherwise in compliance with current unified development ordinance.
(2) Building exterior alteration. The exterior walls of a building shall not be moved except as provided in division (A)(1) above. Otherwise, the roof and exterior walls may be maintained, repaired, re-faced and modified, resulting in the original aesthetic character or an altered exterior character, as long as the building’s non-conformity is not increased and the alteration otherwise meets the current unified development ordinance.
(3) Building interior alteration. Ordinary repair and replacement of interior finishes, heating systems, fixtures, electrical systems or plumbing systems; and interior wall modifications are not regulated by this chapter.
(4) Building relocating. A legal non- conforming building may be relocated if, by moving the building, it decreases the legal non-conformity and the relocation otherwise meets the current unified development ordinance.
(B) Legal non-conforming structure provisions. The provisions for legal non-conforming structures, excluding the subcategory of buildings, are as follows.
(1) Structure alteration. A legal non- conforming structure shall be permitted to be altered in height, area, mass and time as long as the non- conformity is not increased and the alteration otherwise meets the current unified development ordinance. For example, if a permanent sign is in violation of the maximum height standard, it can be altered as long as the alteration does not exceed the maximum height standard currently permitted and is otherwise in compliance with this chapter.
(2) Structure relocating. A legal non- conforming structure may be relocated if, by moving the structure, it decreases the legal non-conformity and the relocation otherwise meets the current unified development ordinance.
(3) Conversion for longevity. Converting a structural component of a legal non-conforming structure to a more permanent material in order to prolong legal non-conformity shall not be permitted. For example, a legal non-conforming permanent pole sign would not be permitted to replace its existing wood posts with metal posts even if dimensionally the same size.
(C) Loss of legal non-conforming structure status. The following provisions apply to all types of structures.
(1) Condemned structures. If a structure, through lack of maintenance, is declared by an authorized official to be condemned due to its physical or unsafe condition, it shall lose its legal non- conforming status and become illegal non-conforming; unless the structure is restored or repaired within three months of the declaration. The Zoning Administrator may grant an appropriate extension of time if work was started within the initial three-month period and reasonable attempts are being made by the owner to remedy the condemnation.
(2) Removal of permanent structures. If a permanent structure is fully or significantly removed or razed (i.e., 80% or more of the structure), the remaining permanent structure shall lose its legal non- conforming status and become illegal non-conforming; unless by significantly removing or razing the permanent structure the remaining permanent structure is in compliance or more in compliance with the current unified development ordinance.
(3) Removal of temporary structures. If a temporary structure is removed (e.g., moved inside, taken off-site, or replaced by a new temporary structure), the temporary structure shall lose its legal non-conforming status and become illegal non- conforming.
(4) Flood. If a structure is severely damaged from a flood, resulting in a loss of either 50% of its market value or 50% of its structure, all reconstruction shall be required to meet the current unified development ordinance. All other flood damaged structures shall be allowed to rebuild the structure that previously existed.
(5) Acts of nature. A structure severely damaged from an act of nature, excluding flooding, shall be allowed to rebuild where it stood and as it previously existed. If the property owner desires to build something other than what previously existed shall be required to meet the current unified development ordinance.
(6) Fire. A structure severely damaged by accident shall be allowed to rebuild where it stood and as it previously existed. If the property owner desires to build something other than what previously existed shall be required to meet the current unified development ordinance.
(D) Maintenance and repair. Nothing in this section shall be deemed to prevent the maintenance or repair of a structure to keep it in a safe, aesthetic and functional condition.
(Ord. 10-2010, passed - -2010, § 8.04)