§ 3391.05. Limits to modifications of nonconforming structures.

A.

A nonconforming structure, other than a graphic or billboard, may not be moved, repaired, maintained, altered, or enlarged except as allowed by this chapter or required by law.

1.

Repair, Maintenance, Alteration, and Expansion.

a.

A nonconforming structure with a conforming use of record may be repaired, maintained, altered, or enlarged; provided that no such repair, maintenance, alteration, or expansion shall either create any new condition of noncompliance to any standard of this zoning code, or otherwise increase the degree of the existing nonconformity of all, or any part, of such structure for which an exception is not provided in this zoning code.

b.

Notwithstanding the above, expansion of a nonconforming structure having floor area shall not exceed 50 percent of the total floor area of the original nonconforming structure.

2.

Additions. For nonconforming structures housing permitted residential uses, ordinary non-habitable additions that are external to dwelling units such as attached garages, porches, and decks, although requiring zoning clearance, shall not be considered expansions of nonconforming structures. A non-habitable addition, to a nonconforming structure housing a permitted residential use, shall comply with the applicable development standards of the district that permits such residential use.

3.

Moving. A nonconforming structure may not be moved, in whole or in part, for any distance whatsoever, to any other location on the same parcel or to any other parcel unless the entire structure conforms to all applicable standards of this zoning code after being moved.

4.

Removal/Reconstruction. Once a nonconforming structure is damaged to the extent that 50 percent or more of the existing total floor area is destroyed, or is removed from a site for any reason or by any means, any new or reconstructed structure on the site shall comply with all applicable standards of this zoning code. Reconstruction of a nonconforming structure having no floor area shall be limited to 50 percent of the structure's replacement value. Once brought into compliance, neither that structure nor any future replacement structure may revert to a nonconforming shape or location.

B.

Nonconforming uses do not automatically cause the structure to be nonconforming: Structures that conform to development standards that also contain nonconforming uses are not subject to the provisions of this section, [Section] 3391.05 Limits to Modifications of Nonconforming Structures. Nonconforming uses shall be subject to all of the provisions of Nonconforming Uses, Sections 3391.07 through 3391.13.

(Ord. No. 2323-2012, § 1, 12-10-2012; Ord. No. 0173-2014, § 3, 3-3-2014)