§ 8.3. Nonconforming Structures.

A.

General. Nonconforming structures shall be subject to the standards in this section.

B.

Relationship with Conforming and Nonconforming Uses. Where a nonconforming principal structure contains a conforming use, only the nonconforming structure is subject to the standards and limitations in this section. Where a nonconforming structure contains a nonconforming use, the nonconforming structure is subject to the standards and limitations of this section and the nonconforming use is subject to the standards and limitations in Section 8.2, Nonconforming Uses.

C.

Enlargement or Alteration. A nonconforming structure shall not be enlarged or structurally altered in any way that increases the nonconformity.

Example: A structure that has a side yard setback of five feet where the Code requires a minimum side yard setback of ten feet cannot be enlarged so as to further encroach into the side yard setback. Enlargement or structural alteration of the structure in a way that complies with applicable dimensional standards, or structural alteration of the structure in a way that decreases the degree of nonconformity, is permitted.

D.

Relocation. A nonconforming structure shall not be moved, in whole or in part, to another location on or off the parcel of land on which it is located, unless the entire structure thereafter conforms to the requirements of this Code.

E.

Reconstruction or Repair.

1.

Except as otherwise provided in Section 6.15.C, Floodplain Management, the reconstruction or repair of a nonconforming structure other than a single-family dwelling that has been damaged as a result of a natural disaster or other unforeseen and unpreventable accident or occurrence shall be subject to the following provisions.

a.

Damage up to 65 Percent of Value. If a nonconforming structure is damaged to an extent whereby the cost of restoring the structure to its before-damaged condition would be 65 percent or less of its assessed value before the damage, the structure may be reconstructed or repaired if:

i.

The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and

ii.

The reconstruction or repair begins within one year after the damage and is diligently pursued to completion.

b.

Damage Greater than 65 Percent of Value. If a nonconforming structure is damaged to an extent whereby the cost of restoring the structure to its before-damaged condition would exceed 65 percent of its assessed value before the damage, the structure shall not be reconstructed or repaired except in conformity with the provisions of this Code.

c.

Reconstruction or Repair of a Single-Family Structure. A legally existing nonconforming single-family structure which has been demolished or damaged, including any accessory structures existing on or before 1993 on the same lot or parcel as the single-family structure, may be reconstructed or repaired within the footprint of the most recently existing structures on the lot, regardless of when the demolition occurred. After reconstruction or repair, the structure and accessory structures may be used for single-family uses only, and will be treated as nonconforming structures under this section.