1996-11-20 Workshop Meeting - Laserfiche WebLink

Browse Search

• • for structures in the district in which the non-conforming structure is located. The provisions of Section 4-201(6) and Section 11-605(2) of this Ordinance are also applicable, and shall be followed. 3. Accidental Damage to Structure If a building occupied by non-conforming uses is destroyed by fire or the elements, it may not be reconstructed or rebuilt except to conform with provisions herein. In the case of partial destruction by fire or other causes, not exceeding fifty percent (50%) of its value, as determined by a licensed appraiser, the Enforcing Officer may issue a permit for reconstruction. If greater than fifty percent (50%) and less than total, the Board may grant as a special exception a permit for repair but not for enlargement or reconstruction of the building. 4. Obsolescence of Structure The right to operate and maintain any non-conforming structure shall terminate and shall cease to exist whenever the non-conforming structure becomes obsolete or sub-standard under any applicable ordinance of the City and the cost of placing such structure in lawful compliance with the applicable ordinance exceeds fifty percent (50%) of the replacement cost of such structure, as determined by a licensed appraiser, on the date that the Enforcing Officer determines that such structure is obsolete or sub-standard. The burden of proof in showing that the structure's repair cost does not exceed fifty percent (50%) of the replacement cost of such structure rests upon the owner of such structure. 5. Determination of Replacement Cost In determining the replacement cost of any non-conforming structure there shall not be included therein the cost of land or any factors other than the non-conforming structure itself. 6. Retiairs and Alterations Repairs and alterations may be made to a non-conforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the non-conforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. T. 'Enlargement to'Non-complying-Structure. A structure that is .non 'conforming may be altered, remodeled. or" otherwise improved, but not ...:...enlarged., unless the. Board of - 30 -