Sec. 10.3.3. Nonconforming Principal Structures

  1. Applicability
    This section applies to all nonconforming principal structures and not to nonconforming accessory buildings, accessory structures, fences, signs, off-street parking, vehicular surface areas, private access points and outdoor lighting (see Sec. 10.3.4.).
  2. Authority to Continue
    Subject to the provisions of this Article or any amortization provision, any lawfully existing nonconforming structure may continue to occupy the same land area within the existing configuration and size of the structure which existed on the date the structure first became a nonconforming so long as it remains otherwise lawful.
  3. Ordinary Repair and Maintenance
    1. Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing walls or non-bearing partitions, adding facilities to improve handicapped accessibility, energy conservation, painting, fencing and landscaping, wiring or plumbing, may be performed on any nonconforming structure; provided, however, that this paragraph shall not be deemed to authorize any violation of Sec. 10.3.3.C. through Sec. 10.3.3.F. Expenditures in any amount may be to either bring the nonconformity into full compliance with this UDO or to amortize the nonconformity.
    2. Repairs maintenance and renovations to nonconforming residential buildings (detached house, attached house, townhouse and apartment) used exclusively for household living as set forth in Sec. 6.2.1. may be made in any
      amount and for any purpose except as restricted by Sec. 10.3.3.D. or Sec. 10.3.3.G.1. below.
  4. Enlargement
    Any nonconforming structure used for a conforming use may be enlarged or altered in any amount; provided, however, that no enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure, and the enlargement or alteration complies with all requirements and regulations of this UDO.
  5. Relocation
    No nonconforming structure shall be relocated in whole or in part to any other location on the same or any other lot unless the entire structure conforms to the regulations of the district to which such structure is relocated.
  6. Voluntary Demolition
    Nothing shall be deemed to permit the reconstruction of any part of a nonconforming structure or building that has been voluntarily demolished except in full conformity with the provisions of the UDO.
  7. Damage or Destruction
    1. In the event that a nonconforming structure that is devoted in whole or in part to a conforming use is damaged or partially destroyed, by exercise of eminent domain, riot, fire, accident, explosion, flood, lightning, wind or other calamity or natural cause to the extent of more than 50% of the replacement cost of the structure immediately prior to such damage, such structure shall not be restored unless the structure and the use will conform to all regulations of the district in which the structure and use are located or unless a special use permit is issued by the Board of Adjustment for such restoration.
    2. In the event that a nonconforming structure that is devoted in whole or in part to a conforming use is damaged or destroyed, by any means other than voluntary demolition, to the extent of 50% or less the replacement cost of the structure immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes and degree as it was before the damage or destruction, provided that such repair or reconstruction is commenced with a valid building permit within 12 months of the date of such damage or destruction.
    3. If the nonconforming structure is located within an Airport Overlay District, the following shall apply:
      1. No renovation, maintenance or repair shall be made if the damage or destruction is more than 80% of its replacement cost immediately prior to such damage, unless the nonconformity is brought into compliance with this UDO; or 
      2. A special use permit is issued by the Board of Adjustment for such restoration and the restoration does not create a greater hazard to navigation than the previously existing nonconformity.
    4. Replacement cost shall be determined by either:
      1. The most recent edition of Building Construction Cost Data published by R.S. Means; or
      2. The most recent tax value for building as reported in the county tax office where the property is located.  The property owner shall decide which of the 2 methods for determining replacement cost is to be used.
    5. The percentage of damage shall be calculated by using the selected replacement value of the entire structure as the denominator and by using the selected replacement value of the damaged portion of the structure as the numerator. The same method used to determine replacement value for the denominator must be used.
    6. Nothing in this paragraph shall prevent the rebuilding, reconstruction or restoration of the same structure because such structure fails to conform to the standards of a Neighborhood Conservation Overlay District.
  8. Replacement of Manufactured Homes
    Replacement of nonconforming manufactured homes that fail to meet the minimum standards of the National Manufactured Home Construction and Safety Standards shall be permitted, provided that all of the following are met:
    1. The replacement manufactured home meets the current minimum required standards as prescribed by the United States Department of Housing and Urban Development (HUD).
    2. The newly installed manufactured home, if located in a special flood hazard area, complies with the provisions of Article 9.3. Special Flood Hazard Area Regulations.
    3. That the period of time between the time the nonconforming manufactured home is removed and the time it is replaced with a standard manufactured home is less than 365 days.
    4. The number of manufactured homes is not increased.
    5. The floor area gross of the new manufactured home does not exceed the floor area gross of the manufactured home it replaced by more than 25%.
Supplement Number
28