(A) Any structure lawfully existing on the effective date of this Code, or any amendment hereto, that is designed for a use permitted in the district where the structure is located but which does not comply with one or more of the “dimensional regulations” of this Code, such as limitations on area, lot coverage, height and location on lot, shall be designated a non-complying structure. This section is intended to provide rights on the conditions provided herein only with regard to such dimensional regulations.
(B) No such non-complying structure may be enlarged or altered except as allowed in the following divisions (C) and (D).
(C) Single family residential property.
(1) If a structure on property zoned and used as single family residential property is partly complying and partly non-complying, the complying portion of the structure may be repaired, rebuilt, remodeled or altered in compliance with applicable regulations in any way as long as that portion of the structure continues to meet all applicable dimensional regulations in place at that time.
(2) The non-complying portion of a structure on single family residential property that is partly non-complying, or a structure on single family residential property that is entirely non-complying, may only be repaired, rebuilt, remodeled or altered so long as (i) the repairs, rebuilding, remodeling or alteration is done in the original footprint of the structure and (ii) the repairs, rebuilding, remodeling or alteration meet all applicable regulations except dimensional regulations and location of the structure on the site.
(D) Structures on property zoned and used for any purposes other than single family residential.
(1) Status of structures. If any portion of a structure on property zoned and used for any purpose other than single family residential is non-complying, the entire building is deemed to be a non-complying structure. If the non-complying portion of the structure is permanently removed and the land is restored to an undeveloped state, the remaining structure will be deemed a complying structure.
(2) Damaged structures. This division applies to non-complying structures that are (i) located on property zoned and used for any purpose other than single family residential; and (ii) damaged by any means other than a purposeful destruction or demolition by the owner. Should more than 50% of the structure be destroyed, no reconstruction may occur except in full compliance with all then current applicable law. Should less than 50% of the structure be destroyed, reconstruction on the original footprint may be permitted, provided the owner complies with all applicable dimensional regulations in place at the time the structure is repaired or reconstructed. In the event of a repair or reconstruction pursuant to this division, the structure repaired or reconstructed in compliance with this section shall be deemed a non-complying structure.
(3) All other structures. Undamaged non-complying structures located on property zoned and used for any purpose other than single family residential must be maintained in good condition but may not be altered or enlarged.
(E) The Building Official may order an unsafe non-complying structure to be restored to a safe condition in compliance with all applicable regulations of this Code. Any such order is subject to the provisions of this section regulating the repair or reconstruction of partially or wholly damaged or destroyed noncomplying structures. A building inspector that requires or attempts to require any modifications not required by applicable Codes and regulations shall forfeit the right to do business in Sunset Valley for 12 months.