Skip to main content
Loading…
This section is included in your selections.

The use of a structure existing at the time of the adoption or amendment of this Ordinance may be continued although the structure’s size or location does not conform with the established lot area and width, building setback line along streets and highways, or the yard, height, parking, loading, or access provisions of this Ordinance.

Nonconforming structures which encroach upon the yard requirements of this ordinance, but which met yard requirements of the applicable zoning ordinance at the time of construction, may be structurally enlarged or expanded if the existing structure is located at a minimum of at least fifty (50) percent of the minimum setback requirement of all yard setback requirements and further provided that the alteration does not create a greater degree of encroachment on yard, height, parking, loading, or access requirements. Placement of a new foundation or basement under an existing nonconforming structure shall be allowed as long as no further encroachment is permitted. Nonconforming structures which are located less than fifty (50) percent of the minimum setback requirement from one or more of their yard setback requirements may be structurally enlarged or expanded so long as all four sides of the enlargement or expansion are located at least 50% of the minimum setback requirement. This shall not constitute an allowance to make an existing conforming yard setback nonconforming, make an existing nonconforming yard setback more nonconforming or deviate from a height standard in this ordinance.

When a nonconforming structure is damaged by fire, explosion, violent wind, or other calamity or is intentionally dismantled, to the extent of more than fifty (50) percent of its assessed value as defined in section 12.39.020(a) of this Ordinance, it shall not be restored except so as to comply with all provisions of this Ordinance provided under ss.59. 69(10m).

A nonconforming structure shall not be moved or relocated to any other location on the lot unless such structure is made to conform to all regulations of the district in which it is located. [Code § 12.28-7.]