(a)

Nonconforming lots. A nonconforming lot may be developed if the proposed development meets the requirements of this code. If the proposed development requires variances from any provision of this code, the applicant must obtain the variances from the Board of Zoning Appeals.

(b)

Nonconforming structures.

1.

Modifications due to casualty: nonconforming structures may be modified or completely demolished and rebuilt, provided the proposed change(s) meets the following standards:

i.

The burden of establishing that "casualty" has significantly contributed to the damage incurred by the nonconforming structure, shall be on the owner of the land on which the modification or new construction is proposed.

ii.

The modification or reconstruction does not increase the following elements and measures of the damaged nonconforming structure: footprint, building height, depth, number of floors, or distance of noncompliant encroachment beyond any applicable setback lines; or in any characteristic(s) that caused the nonconformity to be noncompliant.

iii.

The modification plans are submitted and are approved by the Planning Commission.

iv.

The modification meets all other currently adopted requirements of this code.

2.

Modifications not due to casualty: nonconforming structures may be modified structurally and/or aesthetically, provided the proposed change(s) meets the following standards:

i.

The modification does not cause the nonconformity to increase in: footprint, height, depth, number of floors, or distance of noncompliant encroachment beyond any applicable setback lines; or in any characteristic(s) that caused the nonconformity to be noncompliant.

ii.

The modification does not include demolition of any structural members of the nonconforming structure unless approved by the Planning Commission due to circumstances unique to the property.

iii.

The modification plans are submitted and are approved by the Planning Commission.

iv.

The modification meets all other currently adopted requirements of this code.

(c)

Nonconforming uses. A nonconforming use may be modified, provided the proposed change(s) meets the following standards:

1.

The modification does not cause the nonconformity to increase in any characteristic(s) that caused the nonconformity to be noncompliant.

2.

The modification plans are submitted and are approved by the Planning Commission.

3.

The modification meets all other currently adopted requirements of this code.

(Ord. No. 12-16, Jan. 2013; Ord. No. 2023-04, Exh. A, 2-27-2024)