Sec. 55-864. - Nonconforming structures.
These regulations apply to buildings and structures which were constructed legally under regulations in effect before the effective date of this chapter (March 4, 1987).
(a) Continuation: A lawful nonconforming structure existing on the effective date of this chapter may be continued, repaired, maintained or altered, subject to the provisions of this section.
(b) Additions or enlargements.
(1) A lawful nonconforming structure may be added to or enlarged if the addition satisfies one or more of the following conditions:
a. The enlargement or addition, when considered independently of the existing building, complies with any applicable setback, height, off-street parking and landscaping requirements.
b. The nonconforming building and impervious surface coverages on the site are not increased and the building, after the addition, conforms to height, floor area ratio, and off-street parking regulations applicable to its zoning district.
c. The addition projects no further into a required side yard setback than the existing building; the length of the side wall of the addition is the smaller of 25 feet or 50 percent of the length of the existing nonconforming side wall; and the enlarged building complies with building and impervious coverage, floor area ratio, front and rear yard setbacks, and height regulations applicable to its zoning district.
(2) No permitted addition to a nonconforming structure may place a wall within six feet of a window of an adjacent preexisting residential structure.
(3) Nonconforming buildings shall be limited to one addition or enlargement pursuant to these regulations.
(c) Moving. A lawful nonconforming building or structure shall not be moved in whole or in part to another location on its lot unless every part of the structure conforms to all site development regulations applicable to its zoning district.
(d) Repair. A lawful nonconforming building damaged by fire, explosion, storm or other calamity, except flood damages, may be repaired and constructed provided there is no increase in the degree of nonconformity. Repair and reconstruction within the designated floodplain shall be in conformance with floodplain development regulations.
(e) Change of conforming building. A conforming building shall not be changed in any way that will result in a nonconforming development.
(f) Applicability of landscaping and screening regulations. A preexisting structure, building or development shall be exempt from article XIII, "Landscaping and Screening". However, any expansion of such structure, building or development or any adjacent new development onto property that is or becomes vacant on or after the effective date of this chapter [March 4, 1987], shall be subject to article XIII.
(Code 1980, § 55-864; Ord. No. 38727, § 1, 5-11-10)
