§ 270-6. Nonconforming structures.

(a)

A nonconforming structure may be continued so long as it is and remains otherwise lawful subject to the following provisions:

(1)

No nonconforming structure may be enlarged or altered in a way which increases any aspect of its existing degree of nonconformity, but any structure or portion thereof may be enlarged or altered if the degree of its nonconformity remains the same or is decreased, provided such structure is used for a permitted use.

(2)

Standards applicable to specific structure types.

a.

Detached single-family and two-family residential primary and accessory structures: Should a nonconforming one- or two-family residential structure or nonconforming portion of such structure be destroyed in whole or in part, by any means except by willful act of the owner or tenant, in whole or in part, it may be reconstructed, provided said reconstruction does not increase any aspect of the previously existing aspect of nonconformity and further provided that said reconstructed structure is used for a permitted use.

b.

All other primary and accessory structures: Should any other nonconforming structure or nonconforming portion of structure be destroyed by any means except through a willful act of the owner or tenant, to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this zoning ordinance. Should such structure or portion thereof be so destroyed to an extent of 50 percent or less of its replacement cost at the time of destruction, it may be reconstructed, provided said reconstruction does not increase any aspect of the previously existing aspect of nonconformity; said reconstructed structure is used for a permitted use, and; said reconstruction complies with Section 270-7.

(3)

A nonconforming structure may be moved on its own lot only if such movement reduces the degree of nonconformity or eliminates such nonconformity.

(4)

Where a nonconforming structure is moved off its previous lot, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(5)

In cases where land is taken for public purposes from lots of record that are conforming at the time of such taking in such manner as to reduce setback(s) previously provided in relation to a portion of a structure below setback requirements applicable within the district, the portion of the structure involved shall be construed to be nonconforming.

(b)

Unsafe buildings. Nothing in this UDO shall prevent the maintenance, strengthening, or restoring to a safe condition of any part of any building or structure declared unsafe by the Chief Building Official or other proper authority.

(Ord. No. 743 , 12-19-17)