Article 10 — Nonconforming Lots, Buildings and Uses, Chapter 10-2 — NONCONFORMING BUILDINGS

A nonconforming building or structure may be expanded, enlarged, or extended if such expansion, enlargement, or extension is for a use permitted within the zoning district or overlay district in which the building or structure is located. Any such expansion, enlargement, or extension of a nonconforming building or structure shall meet the minimum yard, setback, buffer, height, building coverage, and other dimensional requirements for the zoning district or overlay district in which said non-conforming building or structure is located, and all other requirements of this Unified Land Development Code.

To illustrate with examples, a building that has a front building setback of 15 feet, when a 30-foot front building setback is required, is a nonconforming building. It may still be expanded, but the building addition must meet the required front building setback of 30 feet. A building with a height of 40 feet may be expanded, but if the height limit for the zoning district in which it is located is 35 feet, it is a nonconforming building, and any building addition must observe that regulatory height limit. A building that exceeds the permitted maximum building coverage for the zoning district in which it is located is a nonconforming building that cannot be expanded, since any addition would increase the nonconformity.

Any portion of a building that meets the definition of a nonconforming building shall not be rebuilt, altered, or repaired after destruction or damage exceeding 60% of its replacement cost or square footage at the time of damage as determined by the Building Official, except in conformity with the dimensional requirements for the zoning district in which it is located and all other applicable regulations of this Unified Land Development Code.