§ 108. Nonconforming buildings and structures.

(A)

Any use, building or structure which lawfully existed on the date of adoption of this ordinance and which is not in conformity with any one (1) or more of the provisions of this ordinance, and any use, building or structure which lawfully exists on the date of adoption of any amendment to this ordinance and which is not in conformity with such amendment, shall be deemed nonconforming.

(B)

Nothing in this section shall be construed to prohibit the reconstruction or restoration of any nonconforming building or structure which is destroyed or damaged by reason of casualty loss, provided that the area encompassed by such building or structure, as reconstructed or restored, is not extended or enlarged.

(C)

A principal structure on a legal nonconforming lot may be expanded under the Administrative Variance procedures of Section 110(B) of this Ordinance provided that:

(1)

There is no net increase in nonpoint source pollutant load; and

(2)

Any development or land disturbance exceeding two thousand five hundred (2,500) square feet complies with all erosion and sediment control requirements.

(Ord. No. 2006, 11-6-90; Ord. No. 2079, 7-9-91; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2267, 6-14-94; Ord. No. 2790, 12-9-03; Ord. No. 2855, 12-7-04)

Editor's note— Ord. No. 2790, adopted Dec. 9, 2003, renumbered former § 111 of this appendix as § 108.

(Ord. No. 2006, 11-6-90; Ord. No. 2079, 7-9-91; Ord. No. 2154, 6-23-92; Ord. No. 2190, 11-10-92; Ord. No. 2267, 6-14-94; Ord. No. 2790, 12-9-03; Ord. No. 2855, 12-7-04)

Editor's note

Ord. No. 2790, adopted Dec. 9, 2003, renumbered former § 111 of this appendix as § 108.