Any lawful nonconforming building, structure or portion thereof occupied by a use permitted in the district in which such building, structure or portion thereof is located may be continued, subject to the following provisions:
A. Ordinary repair and maintenance. Ordinary repair and maintenance may be made to any lawful nonconforming building, structure or portion thereof, provided that:
1. no structural alterations shall be made except those required by law or those that make the building or structure and the use thereof conform, or more closely conform, to the regulations of the district in which it is located;
2. the cubic content (i. e., bulk) of the building or structure shall not be increased; and
3. any lawful nonconforming building containing a nonconforming residential use in a residential district may be repaired or altered to improve livability or other health conditions, provided no such change increases the number of dwelling units.
B. Ordinary repair and maintenance defined. For purposes of this subsection, ordinary repair and maintenance shall also include:
1. structural changes necessary to replace windows, doors and deteriorating roof elements;
2. structural changes necessary to add, move or enlarge doors and windows in legally nonconforming building walls that face the front or rear yard of the property in which it is located, provided that the front or rear yard in which the wall is located does not face a front or side yard of an adjoining parcel; and
3. structural changes made to a roof to allow the installation or replacement of skylights, provided that the changes do not exceed the building height limitations of the district in which the building is located.
C. Expansion of nonconformity prohibited. Except as provided in the foregoing subsections A and B, a nonconforming building, structure or portion thereof may not be enlarged or added to so as to either create an additional nonconformity or increase the extent or degree of any existing nonconformity.
D. Relocation of nonconforming buildings and structures. No nonconforming building, structure or portion thereof shall be moved in whole or in part to any other location on the same lot unless it shall thereafter conform or more closely conform to all regulations of the district in which it is located.
E. Limitation on repair and restoration after damage and destruction. No lawful nonconforming building or structure that is destroyed or damaged by any cause, including voluntary demolition, shall be repaired or restored to its condition immediately prior to the occurrence of the destruction or damage if the cost of such repair or restoration would exceed 50 percent of the cost of construction of such building or structure new (all as determined by the Zoning Administrator), unless such building or structure, and the use thereof, shall be made to conform to all of the regulations of the district in which it is located. If the cost of restoring such building or structure to its condition immediately prior to the occurrence of the destruction or damage would be equal to or less than 50 percent of the cost of construction of such building or structure new, it may be restored to its original nonconforming condition and use, as it existed immediately prior to the occurrence of the destruction or damage, provided that either such restoration or positive procedures to begin such restoration shall be started within 6 months from the date of such partial destruction.
(Ord. MC-199-97 § 3, 1998; prior code § 22.14)
(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)