(A)

Continuation.

(1)

A building and/or structure, lawfully in existence at the effective date of this chapter, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto may be continued except as otherwise provided in this section.

(2)

A building and/or structure is, for the purposes of this chapter, nonconforming if the building and/or structure or any physical characteristics thereof, are not in full compliance with all regulations of the zoning District in which it is situated. The intent of this section is that by the provisions of this chapter (or by amendments that may later be adopted), there may exist buildings and/or structures which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments thereto. It is the intent of this chapter to permit these nonconforming buildings and/or structures to exist until they are voluntarily removed, removed by abandonment, or otherwise removed as required by this chapter, but not to encourage their survival.

(B)

Extension or expansion; alteration and repairs. Nonconforming buildings and/or structures shall not be enlarged upon, expanded, increased or extended to occupy a greater area of land or over water, nor shall they be relocated in whole or in part to any portion of a lot or parcel, nor shall they be used as grounds for adding other buildings and/or structures prohibited elsewhere in the same District except for the expansion of existing single-family residence or accessory structure which does not increase the particular nonconformity. The "supplementary lot regulations" for all zoning Districts except C-3 allows this exception. Other regulations regarding nonconforming structures are set forth as follows:

(1)

Any nonconforming building and/or structure which has less than fifty (50) percent of its previous existing floor area made unsafe or unusable by lack of normal maintenance or by ordinary deterioration may be restored or reconstructed as before, provided that the floor area of such building and/or structure shall not exceed the floor area which existed prior to such damage. All repairs shall be completed within one year after damages occur or such building and/or structure shall not be rebuilt unless rebuilt as a conforming building and/or structure.

(2)

Alteration and repairs. Normal maintenance repair and incidental alterations of a non-conforming building and/or structure is permitted, provided it does not increase the area, volume or size. A building used for single-family or multi-family residential purposes may be altered in any way to improve interior liveability, provided, however, that no alterations shall be made which would increase the number of dwelling units.

(C)

Conversion. Any existing building and/or structure or any part thereof, in which a non-conformity of the building and/or structure or part thereof is altered, changed or replaced by a conforming building and/or structure or part thereof, shall thereafter conform to the regulations of the District in which such building and/or structure is located, and the terminated nonconformity shall not thereafter be resumed nor shall any additional non-conformity be permitted.

(D)

Termination; destruction or partial destruction. When fifty (50) percent or more of an existing nonconforming building and/or structure, according to its assessed value, is destroyed by fire or other casualty or acts of God or acts of the owner thereof, such building and/or structure shall not be rebuilt unless rebuilt as a conforming building and/or structure. Notwithstanding the above, non-structural roof repair necessitated by damage described hereinabove shall not be considered as part of the percentage of destruction, requiring conformance with all Codes.

('81 Code, § 8.20) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 171, passed 5-24-94; Am. Ord. 182, passed 11-17-98; Am. Ord. 212, passed 2-25-03; Am. Ord. 257, passed 2-28-06; Am. Ord. 303, passed 2-22-11; Am. Ord. 378, passed 7-23-21)

Cross reference— Penalty, see Section 151.681