§ 29.02. Nonconforming Structures and Buildings

Structures and buildings that are existing and lawful on the effective date of this ordinance or amendments thereto, may be continued even though the structure or building does not conform with the dimensional or other provisions of this ordinance, subject to the following provisions of this section.

(a)

If a nonconforming structure or building is altered or modified so as to eliminate, remove or lessen any or all of its nonconforming characteristics, then the nonconforming characteristics shall not be later re-established or increased.

(b)

In the event that any nonconforming structure or building is damaged by any means or in any manner to the extent the cost of reconstruction or restoration is equal to or less than 50 percent of the value of the structure prior to the damaging occurrence, reconstruction or restoration shall be permitted, provided a building permit for reconstruction or restoration is issued within one year of the occurrence of the damage. The value of the structure prior to the damaging occurrence shall be as determined by the most recent assessment of the market value of the structure, exclusive of the market value of land.

(c)

In the event that any nonconforming structure or building is damaged by any means or in any manner to the extent the cost of reconstruction or restoration exceeds 50 percent the value of the structure prior to the damaging occurrence, reconstruction or restoration shall only be permitted in conformity with the provisions of this ordinance, except residential structures or buildings as provided for below.

(d)

In the event a nonconforming residential structure or building is damaged by fire or other natural cause, a residential structure may be reconstructed on the same foundation provided the first floor footprint and the total floor area does not exceed the size of the previous residence.

(e)

Repairs, improvements, or modernization of non-conforming structures and buildings shall be permitted provided the repairs or improvements do not exceed 50 percent of the value of the building or structure during any period of 12 consecutive months. This cost/value calculation shall not include any costs associated with modernization of electrical, plumbing, heating or cooling systems. However, if a non-conforming structure or a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of maintenance and repairs and is declared as such by the county or city, as applicable, it shall not thereafter be restored, repaired, or rebuilt except in full conformity with the regulations in the district in which it is located.

(f)

A building that is nonconforming may be altered or rehabilitated if that activity will make the building conform to the regulations of this zoning ordinance and the building code.

(g)

A residential nonconforming building may be expanded provided the expansion will be within required setbacks; other dimensional requirements are met (spacing between structures, height, maximum lot coverage, etc.). (Example: a home with a nonconforming front yard setback may be expanded in the rear so long as the rear yard setback remains conforming and maximum lot coverage is not exceeded). The addition must comply with all health department and building code requirements. Additional height above the nonconforming portion of the building shall not be permitted. The total cost of the expansion shall be limited by the improvements allowed by subsection (e) above.

(h)

Nonresidential nonconforming buildings shall not be expanded, unless a variance is obtained from the board of zoning appeals.

(i)

Nonconforming structures and buildings shall not be enlarged nor altered in a way which increases the nonconformity within the provisions of this ordinance or beyond the limits set in this section, unless approved by the board of zoning appeals.