9-40 Non-Conforming Structures

A non-conforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter 9.

Normal maintenance or repair to permit continuation of non-conforming structures may be performed.

(a) General

• Except in the VC and VR zone districts, a non-conforming structure shall not be extended by an enlargement or expansion that increases the non-conformity. A non-conforming structure may be extended or altered in a manner that does not change or that decreases the non-conformity, except pursuant to Sec. 9-50.

(b) VC and VR Zone Districts

• In the VC and VR zone districts, a non-conforming structure shall not be extended by an enlargement or expansion that increases the non-conformity, except pursuant to Sec. 9-60. A non-conforming structure may be extended or altered in a manner that does not increase the non-conformity.

A non-conforming structure shall not be moved unless, after the move, it will conform to the standards and requirements of the zone district in which it is located.

(a) General

• Any portion of a non-conforming structure that becomes physically unsafe or unlawful due to lack of repairs and maintenance, and that is declared unsafe or unlawful by the Chief Building Official or Fire Marshal, but that an owner wishes to restore, repair or rebuild, shall only be restored, repaired, or rebuilt subject to compliance with the following standards:
  1. If the property is located in any zone district other than the VC or VR zone district, the restoration, repair, or rebuilding shall comply with the standards in Sec. 9-50.
  2. If the property is located in the VC or VR zone district, the restoration, repair, or rebuilding shall comply with the standards in Sec. 9-60.

A non-conforming structure that is demolished or destroyed to any extent may be restored as of right regardless of the extent of demolition or destruction pursuant to the standards in Secs. 9-50 or 9-60, whichever is applicable.

Non-conforming accessory structures shall be removed after the principal structure has been destroyed or demolished unless the accessory structure thereafter shall conform to the standards of the zone district in which it is located.