A nonconforming building or structure is one that was lawfully established in accordance with the zoning regulations in effect at the time of its establishment but that is no longer in compliance with one or more standards of this title. Common examples of nonconforming buildings or structures are those that do not comply with current setback, height, or building coverage requirements.
(A) Continuation: Nonconforming buildings or structures may remain, subject to the regulations of this section.
(B) Use: A nonconforming building or structure may be utilized for or occupied by any use allowed in the applicable zoning district, subject to all applicable use standards of chapter 3 of this title.
(C) Alteration And Expansion: The zoning administrator is authorized to permit the alteration, expansion, enlargement, or increase in size of a nonconforming building or structure provided that the zoning administrator determines that such alteration or expansion:
1. Will not result in a violation of off street parking or loading requirements; and
2. Will not create any new nonconformities with respect to bulk or density standards; and
3. In the case of an addition that will expand a nonconforming building, the addition will not encroach any further into the existing setbacks, further increase nonconforming building height, or increase nonconforming building coverage.
(D) Relocation: A nonconforming building or structure may not be relocated in whole, or in part, to any other location on the same lot or parcel, or to any other lot or parcel, unless the relocation brings the building or structure into further or full compliance with the regulations of the zoning district in which it is relocated. This provision may not be interpreted as prohibiting the elevation of a nonconforming building or structure for the purpose of floodproofing or repair.
(E) Loss Of Nonconforming Status; Damage Or Destruction:
1. If a nonconforming building or structure is damaged or destroyed by fire, explosion, flood, or other means that is not within the control of the property owner or tenant, to an extent of more than fifty percent (50%) of the replacement value of the building or structure it may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located. This provision does not apply to single- family dwellings, which may be fully reestablished in any zoning district in compliance with subsection (E)2 of this section.
2. If a nonconforming building or structure is damaged or destroyed by any means not within the control of the property owner or tenant to an extent of fifty percent (50%) or less of the replacement value, it may be repaired, reconstructed, or restored provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one year of the date of damage or destruction, and the construction must be completed within one year of issuance of the building permit. If a building permit is not obtained within one year or the repairs or restoration are not completed within one year of the issuance of the building permit, then the building or structure and use may be reestablished only if it complies with all regulations of the district in which it is located.
3. In the event that any nonconforming building or structure is damaged or destroyed by a means within the control of the property owner or tenant, the building or structure and use may be restored or repaired only in compliance with all requirements of this title.
(Ord. 1379, 6-9-2008; amd. Ord. 1746, 4-22-2019)