§ 5-3. Nonconforming Occupied Lots.

A nonconforming occupied lot is a lot that contained a structure at the time this Ordinance was adopted but the lot does not meet the minimum requirements for width or area or the lot contained a structure that does not meet the minimum requirements for front yard, side yard, or rear yard, height, and/or buffer. Except for the reconstruction of damaged or destroyed structures, as described in Section 5-4, any structures on this type of lot may be improved or expanded as follows:

5-3.1.

The expansion of any building on this type of lot must comply with the minimum requirements of this Ordinance for front yard, side yard, or rear yard, height, and buffer, provided any expansion does not increase the non-conformity.

5-3.2.

An existing structure may be raised or otherwise elevated into the air, if it is wholly or partially located within a Special Flood Hazard Area (as defined by the Federal Emergency Management Agency or successors) and if the elevated structure does not exceed the original footprint of the structure. Such action shall not be considered to be increasing the nonconformity of the structure.

Once so raised or otherwise elevated, the height of the nonconforming structure may be increased, as long as the resulting or final height of the nonconforming structure does not exceed the Building Height limits of this ordinance. Such action shall not be considered to be increasing the non-conformity of the structure.

(Amended 1-14-08)