§ 13-151. Replacement, restoration, alteration or expansion of nonconforming situations.

(a)

Nonconforming uses.

(1)

A vested use may be altered or expanded provided that use is restricted to the same parcel on which it was established, and does not create a new non-conforming use, except as provided by this chapter. Creation of new non-conforming uses shall include a change in occupancy as specified in subsection 13-341(g).

(2)

All alterations and expansions of vested nonconforming uses and structures shall comply with current development standards.

(b)

Nonconforming structures.

(1)

Replacement and restoration of nonconforming structures.

a.

All nonconforming structures destroyed or rendered unusable by fire, natural disaster or other such loss may be replaced or restored to a safe pre-disaster condition at the same location, in accordance with current building codes. Mobile homes may be replaced with the same class as was destroyed.

b.

Nonconforming structures not destroyed or rendered unusable by fire, natural disaster or other such loss may only be replaced or restored in conformance with the provisions of this chapter.

(2)

Alteration or expansion. A nonconforming structure may be altered or expanded provided:

a.

Such alteration or expansion is restricted to the same parcel on which the structure existed when the non-conforming situation was created.

b.

The alteration or expansion does not create or increase nonconformities.

c.

The alteration or expansion complies with all applicable building codes.

d.

If a structure has been rendered nonconforming in setback due to the acquisition of a portion of the parcel for public right-of-way, the structure shall be allowed to expand within the nonconforming setback so long as no part of the expanded structure encroaches closer to the right-of-way than the original structure.

(Ord. No. 2015-17, § 3(Exh. A), 9-22-15)