All lawful uses of land or of a building, sign or other structure
existing on the effective date of this Chapter may be continued, altered,
restored, reconstructed, changed, sold or maintained even though such
use may not conform to the use, height, area, yard and other regulations
of the district in which it is located, provided such nonconforming
conditions shall comply with the following requirements.
[Amended 10/12/2006 by Ord. 06-19]
1. Continuation. Any nonconforming structure existing on the effective
date of this Chapter or created by an amendment to this Chapter may
continue although such structure does not conform to the dimensional
requirements of this Chapter.
2. Restoration. A nonconforming structure, which has been damaged or
destroyed by fire, explosion, windstorm, or other natural or criminal
acts, shall meet the following restoration requirements.
A. A nonconforming structure with damage may be reconstructed providing
the structure is restored to meet the following requirements.
(1)
The restored structure shall not exceed the height, area, and
volume of the original damaged structure.
(2)
The restoration of the structure shall commence within one year
from the date the structure was damaged and shall be continue uninterrupted,
otherwise the nonconforming structure status shall be void.
B. All nonconforming signs and billboards, and similar structures, when
discontinued for a period of six months or damaged to an extent of
60% or more of replacement costs, shall not be continued, repaired,
or reconstructed.
3. Demolition. In the event any nonconforming building is destroyed
or partially destroyed and the owner has determined reconstruction/restoration
infeasible, the owner will be responsible for the complete removal
of the structure and debris as well as the filling of any excavated
areas.
4. Expansion or Alteration. The following requirements shall apply to
the expansion or alteration of nonconforming structures or buildings.
[Amended by Ord. No. 19-02, 4/11/2019]
A. The lot on which the expansion or alteration is proposed shall be
limited to only that lot on which the building or structure existed
at the time it became nonconforming. Expansion onto adjoining lots
is prohibited.
B. A nonconforming building or structure may be extended or expanded
on the same lot, provided that the extension or alteration shall:
(1)
Be limited to 25% of the gross floor area of the building existing
at the time the building became nonconforming.
(2)
Conform to all dimensional requirements and all other applicable
regulations of this chapter.
C. The applicant shall furnish conclusive evidence as to the extent
of the nonconformity when it was created. The above maximum increase
shall be measured in aggregate over the entire life of the nonconformity.
D. Extension Along a Nonconforming Setback. If an existing building
has a lawfully nonconforming building setback, additions may occur
to increase the height above such setback or to extend other portions
of the building out to the nonconforming side or rear setback line,
provided that:
(1)
The structure shall not be extended beyond the existing nonconforming
setback line.
(2)
No additional nonconformity shall be created.
(3)
The new nonconforming extension shall not be greater than 25%
of the existing floor area.
(4)
All other requirements of this chapter, including but not limited
to provisions regarding height restrictions, shall be met.
(5)
Such addition shall not be permitted for a nonresidential building
that abuts an existing primarily residential use.
E. In the case of a nonconforming building or structure which is used by a nonconforming use, any expansion or alteration must also meet the requirements of and is subject to the additional restrictions of §
27-2204, Subsection
2, concerning the expansion or alteration of nonconforming uses.
F. Provision for vehicular access, off-street parking and off-street
loading shall be consistent with standards required by this chapter.
G. The proposed alteration will not cause an increased detrimental effect
on the surrounding neighborhood.
H. Buffers and screens shall be provided as necessary to adequately
protect neighboring properties. This includes, but is not limited
to, fences, walls, plantings, and open spaces.
I. No expansion of a nonconforming structure or a nonconforming building located outside of a structure existing on the effective date of this chapter shall be permitted in any floodplain area except in accordance with Chapter
8, Floodplains.
J. Excluding expansion, any modification, alteration, repair, reconstruction
or improvement of any kind to a nonconforming building or structure
located in the floodplain area shall be permitted when either elevated
above the base flood elevation or floodproofed. In no case shall any
modification, alteration, repair, reconstruction or improvement cause
unacceptable increases in flood height, velocities or frequencies.