§ 138-204. Nonconforming structures.

A nonconforming structure is a building or manmade feature that was lawfully established according to the rules and regulations in force at the time of its establishment, but would not be permitted under the current code. The following standards and requirements apply to legally nonconforming structures.

(a)

Deterioration. A nonconforming structure which is hereafter damaged or destroyed in excess of 50 percent or more of its appraised valuation for tax purposes by deterioration may not be reconstructed, repaired, or restored except in compliance with the requirements of this division.

(b)

Maintenance and repair. A nonconforming structure may be maintained and repaired pursuant to the following:

(1)

Any physical change to the structure shall not increase the degree of nonconformity unless otherwise permitted by code.

(2)

Any nonconforming structure or portion thereof declared to be unsafe, by the county administrator or designee, may be restored to a safe condition. However, where deterioration exceeds 50 percent of the structure's appraised valuation for tax purposes, repairs shall occur in accordance to district standards.

(3)

All interior, utility, accessibility, and/or life-safety alternations and repairs are permitted.

(c)

Modification and expansion. A nonconforming structure may only be modified, enlarged, extended, or intensified pursuant to this section.

(1)

Conforming additions. Nonconforming structures may be expanded in a manner that conforms to the district standards and other applicable sections of the Code and does not increase the degree of nonconformance.

(2)

Nonresidential setback encroachment allowances. Nonresidential structures that currently encroach into required setback(s), may be allowed to expand within these areas subject to the following:

a.

Front setbacks.

1.

Structures may be expanded vertically above portions of the structure that encroaches into the front setback.

2.

A structure may be expanded within the setback up to 20 feet horizontally from an existing nonconforming building line.

b.

Side and rear setbacks.

1.

Structures may be expanded vertically above portions of the structure that encroaches into the side/rear setback where the situation results in at least three feet from the property line.

2.

A structure may be expanded within the setback up to ten feet horizontally from an existing nonconforming building line. The situation must result in at least three feet from the property line.

3.

However, these side and rear yard encroachment allowances are not allowed when the adjoining lot is occupied by a residential structure and zoned as a residential district.

(3)

Residential setback encroachment allowances. Residential structures that currently encroach into required setback(s), may be allowed to expand within these areas subject to the following:

a.

Front setbacks.

1.

Structures may be expanded vertically above portions of the structure that encroaches into the front setback.

2.

A structure may be expanded within the setback up to five feet horizontally from an existing nonconforming building line.

b.

Side and rear setbacks.

1.

Structures may be expanded vertically above portions of the structure that encroaches into the side/rear setback where the situation results in at least three feet from the property line.

2.

A structure may be expanded within the setback up to five feet horizontally from an existing nonconforming building line. The situation must result in at least three feet from the property line.

(4)

Substandard parking. A change of property/building use and/or building expansions are subject to the parking requirements and thresholds of chapter 138, article X, division 2, parking and loading. Substandard parking shall be modified pursuant to those Code standards.

(5)

Substandard landscaping. A change of property/building use and/or building expansions are subject to the landscaping requirements and thresholds of chapter 138, article X, division 3, landscaping. Substandard landscaping shall be modified pursuant to those Code standards.

(d)

Redevelopment and re-establishment. A property may be redeveloped and/or re-established with the nonconforming situation subject to the provisions of section 138-208 of this division.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)