(A) Applicability. This section shall apply to all legal non-conforming buildings, fences, parking, landscaping, and other such physical improvements to a lot.
(B) Continuation of existing structures and site features. Except as otherwise stated in this article, any legal non-conforming structure or site feature may be continued indefinitely. Any illegal non-conforming structure or site feature shall be removed or modified to conform to the provisions of this code.
(C) Completion of structures or site features. The provisions of this subchapter shall not be construed to preclude the completion of any structure or site feature upon which lawful construction has begun prior to the time of enactment of this code or any amendment thereto, or prior to the time of inclusion in the city.
(D) Repair and maintenance of non-conforming structures and site features:
(1) Maintenance. A legal non-conforming structure or site feature may be maintained as necessary to keep it in good working order.
(2) Repairs and alterations. Notwithstanding the provisions of this subchapter, any legal non-conforming structure or site feature may be repaired and/or altered, provided that such repairs and alterations do not increase any non-conformity.
(3) Repair of unsafe structures or site feature. The provisions of this subchapter shall not be construed to preclude the repair or alteration of any part of any structure or site feature declared to be unsafe by the Building Official when such repairs or alterations are for the purpose of restoring the structure or site feature to a safe condition.
(E) Enlargement of non-conforming structures.
(1) Enlargement of single-family residential structures. A legal non-conforming single-family use or structure in a non-residential district may be enlarged, provided the addition does not reduce the number of parking spaces, alter the size of parking spaces, or the location and size of driveways; and the addition does not change the structure from single-family use to multi-family use. Such an expansion shall conform to the property development standards of either the base district (and overlay districts, if applicable) for the site, or a residential district which is appropriate to the size and configuration of the site at the discretion of the review authority.
(2) Enlargement of other legal non-conforming structures and site features. A legal non-conforming structure or site feature being used for a conforming use may be enlarged or structurally altered if the new portion of the structure or site feature conforms to the regulations of the district in which it is located. If strict conformance with current setback requirements would cause unsightly or impractical site layouts, and a deviation from such requirements shall not cause impacts on neighboring uses, the review authority may exempt the enlargement of a legal non-conforming structure or site feature from setback requirements at their discretion. Unaltered portions of such structures or site features will be allowed to remain non-conforming. A legal nonconforming structure or site feature housing or associated with a non-conforming use shall not be enlarged or altered except as put forth in § 154.323(B).
(F) Replacement of involuntarily destroyed or damaged non-conforming structures or site features. Any legal non-conforming structure or site feature that is destroyed or damaged by fire, flood, explosion, wind, earthquake, war, riot, or other public calamity or act of nature, may be replaced or reconstructed to the same size and extent as before the damage occurred, provided that rebuilding commences not later than one year after destruction, and so long thereafter as the building permit remains valid.
(G) Replacement of voluntarily demolished, destroyed, or damaged non-conforming structures or site features. Any non-conforming structure or site feature which is demolished, destroyed, or damaged by means other than those listed in this subchapter shall not be reconstructed unless it complies with all provisions of the district in which the structure is located. Exceptions may be given where all of the following circumstances exist:
(1) The structure houses a conforming use;
(2) The structure or site feature is replaced or reconstructed to the same or a lesser size and extent as the original structure or site feature; and
(3) A conditional use permit is granted, and the Director finds, in addition to the findings required by this subchapter, that compliance with current standards is impractical and that the proposed reconstruction will conform to current standards to the greatest extent practical.
(Ord. 2021-03, passed 12-7-2021)