(a)

Any structure or building lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date as a legal nonconforming structure, except as hereafter specified.

(b)

Nothing in this chapter shall preclude the Building Inspector from remedial or enforcement actions when said structure or building is declared unsafe.

(c)

When any legal nonconforming structure or building in any district is modified so as to be in conformance with the provisions of this chapter, any future modification of said structure or building shall be in conformance with the provisions of this chapter.

(d)

Whenever a legal nonconforming structure or building has been damaged by fire, flood, wind, explosion, earthquake, war, riot, unlawful act, or Act of God, it may be reconstructed and used as before if it be reconstructed within one (1) year after such calamity, unless the damage to said structure or building equals or exceeds fifty (50) percent of its assessed value. In such cases, the reconstruction shall be in complete conformance with the provisions of this chapter.

(e)

Normal maintenance of a legal nonconforming structure or building is permitted, including necessary nonstructural repairs and incidental alterations which do not extend, enlarge, or intensify the nonconforming structure or building.

(f)

Alterations may be made to a building containing legal nonconforming residential units, provided such alterations do not increase the number of dwelling units or the bulk of the building, except that a conforming garage may be added if none previously existed.

(g)

A legal, nonconforming garage may be enlarged or replaced provided the following requirements are met:

(1)

That the proposed garage replacement or addition does not encroach farther into required setback(s) than the current legal, nonconforming structure;

(2)

That the proposed garage replacement or addition does not locate closer to an existing residence on an adjacent parcel than the sum of the required garage setback (on the subject property) and the required house setback (on said adjacent parcel); and

(3)

That precautions (determined on a case-by-case basis by the Building Inspector) are taken to reduce the possibility of fire damage to nearby structures.

(h)

Any structure or building for which a building permit has been lawfully granted prior to the effective date of this chapter, which will become a legal nonconforming structure under the provisions of this chapter or amendments thereto, may be completed in accordance with the approved plans, provided construction is started within seven hundred thirty (730) calendar days of the effective date of this chapter, and provided that construction is completed within seven hundred thirty (730) calendar days of the effective date of this chapter or amendments thereto. Said structure or building shall thereafter be a legal nonconforming structure or building.

(Ord. No. 21-980, 5-10-21)