a.

General. Nonconforming structures shall be subject to the standards in this section.

b.

Relationship with conforming and nonconforming uses. Where a nonconforming structure contains a conforming use, only the nonconforming structure is subject to the standards and limitations in this section. Where a nonconforming structure contains a nonconforming use, the nonconforming structure is subject to the standards and limitations of this section and the nonconforming use is subject to the standards and limitations in section 25-192.

c.

Continuation of nonconforming structures. An existing building or structure not conforming to the dimensional standards of the zoning district in which it is located may be continued in accordance with this section.

d.

Enlargement, alteration, or extension.

1.

Nothing in this section shall be construed to prevent the restoration of an historical or architectural landmark, as designated by the local, state, or federal government.

2.

Nonconforming structures shall not be expanded or enlarged unless such expansion or enlargement complies with all applicable dimensional standards in the district in which it is located.

3.

No nonconforming structure occupied by a nonconforming use shall be enlarged, extended, constructed, reconstructed, or moved except in changing the use of the structure to a use permitted in the district in which it is located.

4.

Removal or destruction of a nonconforming structure, except an historical or architectural landmark, as designated by the local, state, or federal government, shall eliminate the nonconforming status of the property. Destruction for the purpose of this subsection is defined as damage to an extent that repair is estimated to cost more than fifty (50) per cent of the structure's assessed value at time of destruction determined by the chief building official according to International Code Council Standards.

e.

Reconstruction or repair.

1.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

2.

If any official charged with protecting the public safety deems emergency repairs to a nonconforming structure or portion of a structure containing a nonconforming use to be necessary and orders such repairs, nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any such structure or portion of a structure.

(Ord. No. 9572, § 2, 12-17-24)