§ 19.94

A.

Continuation of structure. Any legally established nonconforming structure that does not conform to the provisions of this Development Code with regard to maximum permitted height, minimum required setback, lot coverage, and/or maximum permitted encroachment into required yard areas may be continued indefinitely.

B.

Exceptions. The following are the exceptions to the indefinite continuation of a legal nonconforming structure:

1.

Residential structures. Any increase in the number of residential units for buildings designed and occupied for residential use shall be prohibited.

2.

Utilities. Any new or replacement utility/mechanical facilities, equipment, or construction shall conform to the maximum extent feasible, as determined by the Director.

3.

Encroachments in commercial zones. Within the commercial zones, any nonconforming encroachment into required yards may be required to be removed or reduced upon review by the Review Authority as follows:

a.

When an expansion in floor area which is greater than 50 percent of the existing floor area is proposed for any structure maintaining a nonconforming encroachment, or

b.

When an expansion in floor area is proposed anywhere within an integrated development which is greater than 50 percent of the total floor area of all structures within the integrated development.

4.

Trash facilities, outdoor storage, and display. Trash areas or facilities, outdoor storage areas, and outdoor display areas shall be made fully conforming at the time of any expansion or intensification of use on the site.

C.

Modification or expansion of legal nonconforming structure.

1.

A legal nonconforming structure shall not be modified in a manner that expands, extends, or enlarges the use in any manner beyond its existing scope upon the date the nonconformity was created, except as follows:

a.

The modifications are, in and of themselves, in conformance with the provisions of this Development Code.

b.

The modifications are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use.

c.

The modifications are required by other laws.

d.

The modifications are incidental to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.

2.

No change made to any development or use shall be construed as automatically permitting an extension of any time limit for the termination of a nonconformity.

D.

Destruction of legal nonconforming structure.

A nonconforming structure(s) involuntarily damaged or partially destroyed by fire, act of nature, or act of the public enemy may be repaired or rebuilt and re-occupied only as follows:

a.

If the cost of repairing or replacing the damaged portion of the structure(s) does not exceed 50 percent of its appraised value, based on an appraisal which was prepared within the last 12 months by a licensed appraiser, the structure may be restored, provided the following conditions are met:

(1)

The reconstruction meets current Building Code requirements.

(2)

Reconstruction begins within 12 months of the date of damage, unless otherwise allowed by the Director, and is diligently pursed to completion.

b.

If the cost of repairing or replacing the damaged portion of the structure(s) does exceed 50 percent of its appraised value as determined by an appraisal which was prepared within the last 12 months by a licensed appraiser, the structure may not be restored.

c.

Special provision for existing two-story residential structures in the R-1D zone. If a nonconforming second story structure in the R-1D zone is destroyed, it may be rebuilt as a two-story structure if the original construction was legally permitted. The area of the second story rebuild shall be limited to the amount of floor area previously permitted and design shall be subject to Site Plan and Design Review.

E.

Discontinuance of legal nonconforming structure. If any legal nonconforming structure is abandoned or the use thereof discontinued for a period of 180 consecutive days or more, subsequent development of the land shall be in conformity with the provisions of this Development Code. Maintenance of a valid business license shall of itself not be considered a continuation of the use.

F.

Off-site relocation. When a structure is relocated to another lot, it shall be made conforming in all respects with the provisions of this Development Code and all other applicable laws and regulations.