(A) Legally conforming existing structures and uses in existence on the effective date of ordinance which become non-conforming to this chapter shall not be considered non-conforming, but instead shall be treated as follows:
(1) A use which is no longer permitted because of a change in zoning shall be considered a conforming use subject to all conditions for such use as outlined in this chapter.
(2) A structure which becomes non-conforming to a required setback or setbacks shall be viewed as a conforming structure subject to the following:
(a) The existing setback or setbacks for the structure which would otherwise be nonconforming to this chapter shall be considered the required minimum setbacks or setbacks for that structure only on the subject lot.
(b) Expansions and additions to such structures shall meet all other requirements of this chapter with the exception of any new minimum setback or setbacks that may be established by this subchapter.
(B) With the exception of structures and uses that meet the requirements of § 154.103, Discontinuance, any structure or use lawfully existing upon the effective date of this chapter may not be expanded, but may be continued—including through repair, replacement, restoration, maintenance, or improvement—unless:
(1) The nonconformity or occupancy is discontinued for a period of more than one year; or
(2) Any nonconforming structure is destroyed by fire or other peril to the extent of greater than 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body.
(3) When a nonconforming structure in the shoreland district with less than 50% of the required setback from the water is destroyed by fire or other peril to greater than 50% of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practicable and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or water body.
(4) Notwithstanding divisions (B)(2) and (3) of this section, any nonconforming use located in the floodplain overlay district that is destroyed by fire or other peril to the extent of greater than 50% of its market value as determined by the Community Development Department, shall be regulated to the extent necessary to maintain eligibility in the National Flood Insurance Program, and in no case shall be continued or re-established in a manner that results in potential flood damage or obstructs flood flows in the floodway.
(C) Nothing in this chapter shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector.
(D) No non-conforming building, structure, or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this chapter adoption unless such movement shall bring the non- conformance into compliance with the requirements of this chapter.
(E) A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the non-conformity.
(F) Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not physically extend or intensify the non-conforming use.
(G) Normal maintenance, necessary non-structural repairs, and incidental alteration of a lawful non-conforming sign includes repair or maintenance of existing lettering done without changing the form or design of the lawful non-conforming sign.
(H) Alterations may be made to a building containing or related to a lawful non-conforming residential unit when said alteration will improve the livability thereof, provided the alteration will not increase the number of dwelling units. All adjoining property owners shall be provided notice of plans to expand a non-conforming residential structure. Expansion may occur only after completion of a 30-day notice period.
(Ord. 1040, passed 1-5-16)