Nonconforming structures shall be subject to the following standards:
(a) Enlargement. The extension of a building which is nonconforming due to side yard setback shall be allowed so long as the extension is not closer to the side property line and the extension does not exceed 25% of the existing building length on the same side. A nonconforming structure may otherwise be enlarged, increased, or extended beyond the area it occupied as of the effective date of March 20, 2012, provided the Board of Zoning Appeals finds all of the following:
(1) The enlargement will not create a new nonconformity or increases the degree of existing nonconformity (e.g., if a structure is nonconforming as to rear yard setback as of the effective date of this Code, it cannot be subsequently enlarged such that it becomes nonconforming as to height or encroaches further into the required rear yard setback);
(2) The enlargement will not interfere with the operation of conforming uses in the District or with circulation on adjacent public streets;
(3) The enlarged structure will cause no greater adverse impacts on surrounding properties than did the original nonconforming structure; and
(4) That over the life of the structure, all increases and enlargements do not exceed 25% of the area that the nonconforming structure occupied as of the effective date of this Code.
(b) Damage or Destruction.
(1) If any nonconforming structure is damaged or destroyed, by any means, to the extent of more than 50% of its fair market value prior to the damage or destruction, such structure shall not be restored except in conformance with this Code. The determination of such reduced value shall be made by the Board of Zoning Appeals, which may, if necessary, consult with a City-appointed appraiser.
(2) If a nonconforming structure is damaged or destroyed, by any means, to the extent of 50% or less of its fair market value prior to the damage or destruction, no repairs or restoration shall be made unless commenced within six months and completed within 24 months of the date of the damage or destructive event. The determination of such reduced value shall be made by the Board of Zoning Appeals which may, if necessary, consult with a City-appointed appraiser.
(c) Relocation. Nonconforming structures shall not be moved for any reason or for any distance except to be brought into compliance with this Code.
(Ord. 2013-69. Passed 12-17-13.)