A structure existing lawfully on the effective date of this Code which does not conform to the area, yard or height regulations of the district in which it is located is a lawful nonconforming structure. Such structures may continue to be occupied so long as they remain otherwise lawful, subject to the following provisions:
(a) Maintenance and Repair: A nonconforming structure may continue to be used, maintained and repaired, provided no structural parts are replaced except when required by law to restore the structure to a safe condition, or make it conform to the regulations of the district in which it is located.
(b) Additions: A nonconforming structure shall not be altered, added to or enlarged unless the additions and original structure are made to conform to the area, width, yard and height requirements of the district in which it is located however, nonconforming dwellings may be altered, modernized or enlarged provided they comply with the existing width, yard, and height regulations to the extent possible. If the enlargement or alteration cannot comply with present regulations, a zoning permit may be issued if enlargement or alteration complies with zoning regulations in effect just prior to the zoning amendment making such dwelling, located in a residential zone, nonconforming and appropriate proof of inability to comply and the date said dwelling was constructed is presented to the Zoning Inspector. If said structure was constructed prior to the enactment of any zoning ordinance within the Village of South Russell, or prior to the incorporation of the Village of South Russell, then any alteration, addition, enlargement, or any other change shall comply with the zoning regulation in effect just prior to the amendment making such dwelling nonconforming or if such compliance is not possible, such enlargement or alteration or addition or any other change shall not be allowed by the Zoning Inspector and the applicant must seek a variance from the Zoning Board of Appeals. In the event, however, that an alteration, addition, enlargement or any other change of a structure constructed prior to the enactment of zoning can comply with present regulations, said applicant shall conform where possible to present regulations.
(c) Moving: A nonconforming structure shall not be moved in whole or in part to any other location on the lot or other premises, unless every portion of the structure so moved conforms to the regulations of the district into which it is moved.
(d) Damaged Structure: If a nonconforming structure is damaged or destroyed to the extent of fifty percent or less of its reproduction value, those portions so destroyed or damaged may be restored but to not more than its former size, provided such restoration is completed within a period of one year after the date of damage or destruction. If such structure is occupied by a nonconforming use prior to damage, such use may be continued. If a nonconforming structure is damaged or destroyed more than fifty percent of its reproduction value, no repairing or reconstruction shall be made unless every portion of the structure conforms to the regulations of the district in which it is located, and unless the structure is thereafter occupied by a conforming use. Determination of reproduction value shall be made by three practicing construction contractors: One appointed by the owner, one by the municipality and one selected by mutual consent of the two parties.