§ 11.03.04. Nonconforming Structures Other Than Signs

A.

Generally

The Administrator may certify structures other than signs not otherwise meeting the provisions of this Code and authorize utilization of such certified structures as provided in this section.

B.

Structures Pre-Dating Adoption of Comprehensive Plan

Structures existing prior to July 26, 1989 shall be deemed pre-existing and may be certified by the Administrator subject to the following conditions:

1.

A structure is nonconforming due to noncompliance with the dimensional requirements of the schedule of area, height, bulk and placement regulations of this Code and which is used for a use permitted in the district in which it is located may remain, provided:

2.

That any physical change to the structure shall not increase the degree of nonconformity unless specifically approved by the Board of County Commissioners pursuant to this Part 11.03.00. Structural changes which decrease or do not affect the degree of nonconformity shall be permitted. Additions, modifications or other physical changes to the structure that adhere to the reduced setback line are permitted by right, even if they increase the amount of building area within the required yard, provided other development standards are met.

3.

A nonconforming structure, or a portion thereof, if damaged, deteriorated or destroyed to the extent of more than 50 percent or more of its current assessed valuation, may only be reconstructed in accordance with the regulations of the district in which it is located, except as provided in paragraphs 4, 5, and 6 below.

4.

Routine repairs and maintenance of a nonconforming structure, fixtures, wiring and plumbing or the repair or replacement of non-loadbearing walls shall be permitted.

5.

A nonconforming structure damaged or destroyed by an Act of God may be rebuilt in accordance with the nonconformities certified as pre-existing pursuant to this Part 11.03.00.

6.

A dwelling which is the principal residence of the property owner that is made a nonconforming structure by the adoption of this Code, the Comprehensive Plan, or amendments thereto, that is damaged or destroyed by calamities or events, such as fire, that are not an Act of God and that are not caused by intentional actions of that property owner may be rebuilt, replaced or reconstructed within the original foot print certified as pre-existing pursuant to this Part 11.03.00. Such replacement or reconstruction shall be permitted without Board approval, subject to compliance with other requirements of this Code.

C.

Unsafe Structures

Nonconforming structures or portions thereof which are declared unsafe by the County Administrator or other competent authority may be repaired and restored, except as provided in Part 11.03.04 B 3 and 11.03.06 G.

(Ord. No. 02-13, § 2, 8-1-02; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07; Ord. No. 16-11, § 2(Exh. A), Item I-01(16-0757), 6-7-16, eff. 6-8-16)