§ 8.04. Nonconforming buildings.

A.

Existence: A building or structure shall be considered nonconforming if it does not comply with one or more of the minimum bulk regulations of the zoning district in which it is located.

B.

Expansion:

1.

A nonconforming building or structure may be enlarged, expanded, extended or altered only if the nonconformity is removed.

2.

Exception for residential and church buildings:

a.

A nonconforming residential or church building or structure where such nonconformity was created by government action and not action(s) of the current or previous property owner(s), may be expanded, enlarged, extended or altered, provided such activity does not increase a dimensional nonconformity.

b.

A nonconforming residential or church building or structure, where such nonconformity was created by action(s) of the current or previous property owner(s) and not by government action, may be expanded, enlarged, extended or altered only if the nonconformity is removed.

C.

Damage:

1.

A nonconforming building or structure that is damaged by any means and to any extent shall be repaired or replaced only if the nonconformity is removed.

2.

Exception for residential and church buildings:

a.

A nonconforming residential or church building or structure, where such nonconformity was created by government action and not action(s) of the current or previous property owner(s), which is damaged to any extent and by any means, may be repaired or replaced, provided such activity does not increase a dimensional nonconformity and provided an application for a building permit is made within 180 days of the date of damage.

b.

A nonconforming residential or church building or structure, where such nonconformity was created by action(s) of the current or previous property owner(s) and not by government action, which is damaged to any extent and by any means, may be repaired or replaced only if the nonconformity is removed.