42-295. Nonconforming Structures
- Improvement, Alteration or Expansion of a Structure. A legally established nonconforming structure shall be permitted provided that the nonconforming structure shall not be improved, altered or expanded except to meet safety requirements or conform to the requirements of this Chapter. Where the improvement or expansion is to a residential structure, such improvement or expansion may occur provided that no additional dwelling units result, and that the improvement or expansion complies with the requirements for residential structures of the applicable district.
- Maintenance, Alteration or Remodeling of a Structure. Maintenance, alteration or remodeling of a structure, as required by any public law and so ordered by a public officer in authority, shall be permitted. Routine maintenance shall be permitted where no expansion of the nonconformity occurs as a result of the maintenance.
- Repair/Reconstruction of Damaged Structure (Other than Signs). Where a nonconforming structure has been damaged by fire, wind, flood or other natural causes, it may be repaired/reconstructed provided that repairs/reconstruction are:
- Initiated within six (6) months and completed within one (1) year of the damage (An extension (for a period of up to 12 months) may be granted by the Zoning Administrator provided he/she determines that the structure does not pose a public health and safety risk).
- Not resulting in any increase in structural dimension except as otherwise permitted in this Article;
- Not resulting in any change in location of the structures except to provide greater conformance with the requirements of this Chapter; and,
- Made where damage is not substantial (see definition of Substantial Damage).
- Repair/Reconstruction of Damaged Structure (Signs). Where a nonconforming sign has been damaged, it may be repaired/reconstructed and used as before, provided that repairs/reconstruction are initiated within 60 days and completed within 180 days of such damage.
