5.5.3. NONCONFORMING STRUCTURE.
A. Continued Use.
1. A nonconforming structure may continue to be used in its current location, and the structure may be sold or leased to a new a new owner or lessee in its current location, subject to other limitations in this Section 146-5.5.
2. The right to continue a nonconforming structure does not include the right to relocate the structure to a new lot. A nonconforming structure that is relocated to a new lot loses its nonconforming status and may only be relocated to a lot where it is a conforming structure.
B. Expansion.
1. A nonconforming structure may only be expanded if the expansion area conforms with all applicable provisions in the zone district(s) where the property is located.
2. No expansion of a nonconforming structure shall increase the degree of nonconformity of the building. Without limiting the generality of the previous sentence, no structure wall that does not comply with applicable setbacks shall be expanded horizontally unless the expansion complies with applicable setbacks.
C. Routine Repairs and Maintenance. A nonconforming structure may be maintained and repaired so as to maintain or improve the safety of building occupants or the appearance of the building when viewed from public streets or abutting properties.
D. Repairs after Significant Damage.
1. A nonconforming structure that has been damaged by fire, flood, wind, or other natural forces may be restored in the location it occupied immediately before the damage, and to the size, height, and building footprint that existed immediately before the damage provided that:
a. All repair and restoration work comply with the building code; and
b. Repair and restoration work begin with six months after the damage and is completed within 12 months after the date on which the repair and restoration work began.
c. If other requirements of this Section 146-5.5.3.D are met, the owner or operator of any nonconforming use that existed in the structure prior to the damage may restart that use following repair and restoration work, provided:
i. The period of discontinuance of the use is no longer than two years; and
ii. The use does not create adverse environmental impacts, or mitigates those impacts on site to the maximum extent practicable.
2. A nonconforming structure that has been damaged by fire, flood, wind, or other natural forces, and in which the costs of repairing the damage exceed 50 percent of the fair market value of the structure immediately before the damage, may only be repaired or restored if the repairs or restoration result in a structure that conforms to the standards for the zone district(s) where it is located.
3. A nonconforming structure that according to the Planning Director requires demolition due to neglect shall not be permitted to be restored or rebuilt unless it complies with all standards of this UDO. (Ord. No. 2019-49 § 1, 08-19-2019)