NONCONFORMING STRUCTURE

2002 NONCONFORMING STRUCTURE

• A. Definition A nonconforming structure is a principal or accessory structure that at one time conformed to zoning district regulations but because of subsequent amendments to the Ordinance no longer conforms to applicable dimensional and/or bulk regulations. Certain nonconforming site elements are regulated separately by Section 2004.

• B. Maintenance Normal maintenance and incidental repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the existing nonconformity.

• C. Structural Alterations No structural alterations are permitted on any nonconforming structure, except in the following situations:

• 1. When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting public safety.

• 2. When the alteration will eliminate the nonconformity.

• 3. When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity. For example, if a structure is nonconforming in terms of the required front setback (i.e., does not meet the required minimum), the structure may add a rear addition if it meets all other district regulations.

• • D. Relocation A nonconforming structure cannot be relocated, in whole or in part, to any other location on the same lot unless such relocation would make the structure conforming. A nonconforming structure may be relocated to another lot if the structure conforms to all regulations of the zoning district where it is relocated.

• • E. Damage or Destruction

    1. In the event that a nonconforming structure is damaged or destroyed by the fault of the property owner or tenant, the structure, as restored or repaired, shall be rebuilt to comply with all requirements of this Ordinance.

• 2. In the event that any nonconforming structure is damaged or destroyed through no fault of the property owner or tenant, it may be repaired or rebuilt to the same size and dimension as previously existed, provided that a building permit is obtained within one year following the damage or destruction.

• • F. Extension of Walls for Nonconforming Single-Family, Two-Family, Three-Family, and Rowhouse Dwellings Where a single-family, two-family, three-family, or rowhouse dwelling is deemed nonconforming because of encroachment into the required interior side or rear yard, the structure may be enlarged or extended vertically or horizontally along the same plane as defined by its existing perimeter walls, so long as the resulting structure does not increase the degree of the existing nonconformity or otherwise violate this Ordinance. (Figure 20-1)