§ 10.01.04. Nonconforming structures and lots.

Where a lawful structure existed at the effective date of this ordinance that could not be built under the terms of this ordinance by reason of restrictions of area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. Such nonconforming structure may only be enlarged or altered if all proposed changes or additions conform to the regulations specified by ordinance for the residential zoning district in which both structure and lot are located, provided the structure was erected prior to the effective date of Ordinance No. 74-4, which is March 11, 1974. Should the nonconforming structure be located in an Agricultural zoning district, the effective date of Ordinance No. 91-1, as amended will apply which is July 10, 1990. The burden of proof shall be on the applicant to provide such documentation to the Planning and Inspection Department. Documentation shall include all or a combination of the following:

a.

Property appraiser's official statement or record.

b.

Aerial photographs prior to the effective date, which clearly depict the structure.

c.

Utility service connection and/or proof of service to the structure for water, sewer, gas, or electricity.

d.

Affidavits from previous owners identifying approximate date of construction of the structure.

2.

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 75 percent of its replacement cost at time of destruction, it shall not be reconstructed except in the exact dimensions as it existed on the date of its destruction with due diligence, provided, however, if and when the principal place of residence is destroyed by accidental fire, hurricane, tornado, or other act of God, the homeowner may rebuild the residence to original type and size of structure; or the home owner or mobile home owner may rebuild or replace with a superior type of material; provided the new construction conforms to dimensions previously existing.

3.

Should such structure be moved for any reason to any district whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

4.

No such nonconforming lot may be enlarged or altered in a way which increases its nonconformity, but any lot or portion thereof may be altered to decrease its nonconformity.

(Ord. No. 11-01, § 2, 1-18-11)