(1)
Repairs of nonconforming structures. Necessary maintenance and repair
may be made to a nonconforming structure, provided that no structural
alterations shall be made to a structure, except as follows:
a.
If required by law or are necessary to make the structure and use
thereof conform to the regulations of the district in which it is
located.
b.
If the structure contains a residential nonconforming use, and the
enlargement or alteration itself conforms to the requirements of the
underlying zoning district; provided, however, that no structural
alteration shall be made which would increase the number of dwelling
units within the structure.
(2)
Previously approved development projects. Any structure for which
a building permit has been lawfully granted prior to the effective
date of this Zoning Ordinance may be completed in accordance with
the plans approved therefore, provided that construction is started
within 90 days, pursuant to the permit, and diligently prosecuted
to completion. The structure shall thereafter be deemed a legal nonconforming
structure.
(1)
A structure that is nonconforming because of lot size requirements or building bulk regulations (including specifically, but not limited to, the regulations set forth in Section 3.07 of this Zoning Ordinance) shall not be added to, expanded, or enlarged, unless.
[Amended 12-3-2009 by Ord. No. 2009-2867A]
(2)
No structure partially occupied by a nonconforming use shall be altered
in such a way as to permit the enlargement or expansion of the space
occupied by such nonconforming use.
(3)
A structure which is nonconforming with respect to yards, lot coverage,
or any other element of bulk regulated pursuant to this Zoning Ordinance
shall not be altered or expanded in any manner which would increase
the degree or extent of its nonconformity with respect to the bulk
regulations of the zoning district in which it is located.
(1)
A nonconforming structure may be not restored upon destruction or
damage, by fire or other casualty or act of God, to the extent that
the cost of restoration shall exceed the lesser of 50% of the cost
of replacement, or the market value of the entire structure, unless
such structure and all uses within conform to the provisions of the
zoning district in which it is located.
(2)
If the cost of restoration of a damaged nonconforming structure does not exceed the lesser of 50% of the cost of replacement, or the market value of the entire structure, the structure may be restored to its original condition, and the occupancy or use of such structure may be continued in the manner that existed at the time of such partial destruction, provided that such restoration is commenced within six months from the date and is diligently pursued until completion. Failure to initiate or conclude restoration within these limits shall constitute abandonment as defined in Section 9.05 of this Zoning Ordinance.
