§ 300-71. Nonconforming structures.  


Latest version.
  • Existing nonconforming buildings are buildings which, while they may or may not conform in use, do not conform in one or more area requirements such as: height, setback, yard, lot area, lot dimension, land coverage, off-street parking, loading or similar dimensional requirements of this chapter.
    A. 
    Changes or modifications.
    (1) 
    Such nonconformities shall not prevent normal maintenance and repair or structural repair as long as maintenance and repair do not increase said nonconformities. Any change or modification to a nonconforming structure, other than to full conformity, shall only be allowed subject to the following:
    (a) 
    Such a change or modification should seek to reduce the degree of nonconformity and shall not expand the degree of nonconformity;
    (b) 
    Such a change or modification shall not create any new nonconformity; and
    (c) 
    Such a change or modification shall be subject to review under Article VII, Site Plan Review and Approval.
    (2) 
    When any portion of a nonconforming structure has been made conforming, it shall not be made nonconforming again.
    B. 
    Discontinuance. A nonconforming structure that has been demolished or moved shall not be rebuilt or relocated in any way other than in full conformance with the provisions of this chapter. Structures that have been damaged to the extent of more than 50% of the replacement-in-kind cost shall only be repaired or rebuilt in conformity with the provisions of this chapter. A nonconforming structure that is nonconforming because of the height, setback, yard, lot area, lot dimension, land coverage, off-street parking, loading or similar dimensional requirements of this chapter, that houses a nonconforming use which has been discontinued in accordance with this article, shall be brought into full conformance with the provisions of this chapter.