§ 9.4. NONCONFORMING BUILDING, STRUCTURE, OR SITE ELEMENTS

Nonconforming buildings, structures, or site elements may be continued, subject to the provisions of this section.

NONCONFORMING:	CONTINUANCE	DISCONTINUANCE	EXPANSION	CHANGE
Building or Structure	A nonconforming building or structure, except one identified by City Council action as being of historic significance, which is destroyed or damaged by fire or other casualty or act of God may be restored only if the cost of reconstruction to a condition in which it was prior to the casualty does not exceed 50% of the replacement cost of the entire building, and further providing no restoration or reconstruction shall be undertaken unless it is started within one year from the date of notice by the Zoning Administrator of this provision or the date of partial destruction whichever is later and completed within 24 months from the date of partial destruction.   The time and cost limitations set forth herein shall not apply to any single-family dwelling located in a residential district, provided reconstruction of the dwelling begins within two years from the date of partial destruction and is thereafter diligently pursued. A nonconforming building, identified by City Council action as being of historic significance may be restored in conformance with these provisions without respect to cost or replacement cost.			Erection of new single-family dwellings in residential districts on nonconforming lots of record shall be permitted. The new single-family dwelling shall be placed on the lot so as to provide a yard on each side of the dwelling such that the sum of the widths of the two side yards shall be not less than the minimum required, or the greater of the following: 20% of the width of the lot or three feet.   The erection of new structures or buildings in nonresidential districts shall be permitted on nonconforming lots of record if such proposed structure meets all of the requirements of the district in which it is sought to be located except for lot area.
Site Elements	When a proposed or completed repair, change in use, expansion of use, or change in a building or structure already existing on the passage of this ordinance, occurs with or results in nonconforming elements of the site such as parking, yards or landscaping, on property that has an existing building or structure that will be retained as a part of the proposed or completed repair, change in use, expansion of use, or change in said building or structure, any person interested in the use or structure may petition for a waiver of any portion or all of the landscaping, yards or parking requirement resulting from such change or proposed change. Such waivers shall be granted by the Zoning Administrator or Development Review Board only when they are in the interest of the City, or when conformance with the parking, yards and landscaping requirements poses some practical difficulty or particular hardship. In determining whether there is a practical difficulty or hardship, the decision maker shall make findings of practical difficulty or particular hardship based upon the standards for variations (see 2.6, Variations). Conditions or restrictions may be imposed by the decision maker at the time any waiver is granted.