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Where, at the time of adoption of the Zoning Code and designation of zoning districts, a lawful structure exists which does not meet the requirements imposed by the existing Zoning Code, such structure may be continued so long as the structure meets the following conditions:
(a) A nonconforming structure may continue to be used, maintained, repaired and structural parts replaced when required to restore to a safe condition. A residential nonconforming building may be modernized to improve interior livability.
(b) No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof, may be altered to decrease its nonconformity;
(c) Should such structure be moved for any reason or distance, it shall thereafter conform to the regulations for the district in which it is located;
(d) A nonconforming structure may be added to, provided the additions are made to conform to the yard and height regulations of the district in which it is located;
(e) Restoration of Damaged Structures:
(1) Any structure on a lot existing on or before the effective date of this Code and which does not conform to the provisions of this Code for the district in which it is located, and which has been or may hereafter be damaged by fire or other causes to the extent of less than sixty percent (60%) of its replacement value at the time of damage may be restored, provided that such structure, when completed, will not differ in location or size from the previously existing structure (except to the extent that such difference may be in greater conformity with this Code) and provided such repairs or reconstruction are completed within one (1) year of the date of the damage. However, when the damage or destruction to the structure is to the extent of sixty percent (60%) or more of its replacement value at the time of destruction or damage, it shall not be restored except in conformity with the regulations of the district in which the structure is situated.
(2) Determination of the replacement value shall be made by three (3) practicing building construction contractors, one to be appointed by the owner, one to be appointed by the City, and the third to be selected by mutual consent of the two (2) parties.
(Ord. 02-191. Passed 12-9-02.)