Restrictions on nonconforming structures.
§ 255-850. Restrictions on nonconforming structures. [Amended 11-28-2023 by Ord. No. 2023-4]
A. A nonconforming structure may be continued provided that it conforms to the requirements of this section.
B. (Reserved)
C. Any nonconforming structure may be altered to decrease its nonconformity.
D. A nonconforming structure which is demolished or removed in whole or in part by the voluntary and lawful action of the owner or other authorized party shall not be rebuilt or replaced unless it conforms with this chapter.
E. Any nonconforming structure shall not be moved in whole or in part unless such structure conforms to the requirements of the district in which it is to be located.
F. Any nonconforming structure located in an industrial or commercial zone which is damaged by any manner or cause whatsoever in excess of 75% of its current market value shall not be repaired or replaced except in conformity with this chapter. The Building Inspector or Zoning Enforcement Officer shall determine the restoration cost of the damaged structure. In determining this cost, only the cost of the structure itself shall be considered. If the extent of damage is less than 75%, the structure may be repaired and rebuilt provided that such repair or reconstruction does not occupy a larger footprint than the damaged structure unless it can do so in conformance with the dimensional regulations in § 255-610.
G. Any nonconforming residential structure located in a residential district which is damaged or destroyed by other than the voluntary and lawful action of the owner or other authorized party may be repaired or rebuilt provided that such repair or reconstruction does not occupy a larger footprint than the damaged structure unless it can do so in conformance with the dimensional regulations in § 255-600.