17.09.050 - Noncomplying Structures.

No Noncomplying Structure may be moved, enlarged, or altered, except in the manner provided in this Section.

A.

Repair, Maintenance, Alteration, and Enlargement. Any Noncomplying Structure may be repaired, maintained, altered, or enlarged, provided that such repair, maintenance, alteration, or enlargement shall neither create any new noncompliance nor shall increase the degree of the existing noncompliance of all or any part of such Structure.

B.

Moving. A Noncomplying Structure shall not be moved in whole or in part to any other location on the same or any other Lot unless the entire Structure shall thereafter comply with the regulations of the district in which it will be located.

C.

Damage or Destruction of Noncomplying Structure.

1.

If a Noncomplying Structure is allowed to deteriorate to a condition that the Structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice is provided to the property Owner stating that the Structure is uninhabitable and that the Noncomplying Structure shall not be restored unless it is restored to comply with all regulations of the district in which it is located.

2.

If the property Owner has voluntarily demolished, or is required by law to demolish, more than 50% of the Gross Floor Area of the Noncomplying Structure, the Structure shall not be restored unless it is restored to comply with all regulations of the district in which it is located.

3.

If a Noncomplying Structure is involuntarily destroyed in whole or in part due to fire or other casualty and the Structure or Use has not been abandoned, the Structure may be restored to its original condition, and the Use may be resumed, provided: (1) such work is started within six (6) months of such casualty; (2) such work is completed within eighteen (18) months of work commencement; and (3) the intensity of Use is not increased.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)