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ARTICLE XIII. NON-CONFORMING SITUATIONS Sec. 40-161. Nonconforming structures. A structure which was erected in conformance with applicable dimensional requirements in effect at the time of erection but which at a subsequent date fails to conform to applicable dimensional requirements due to a change in the zoning map, in the tables of dimensional requirements or in the text of this Chapter, may continue to be used for any use permitted in the zoning district in which it is located, subject to the following requirements: (a) The use of such structure must be consistent with parking standards applicable on the first date of such use; (b) If the building is remodeled or rebuilt to an extent exceeding thirty-three (33) percent of the then replacement value of the structure (excluding foundations), then the entire structure shall, in the process of such remodeling or rebuilding, be made to conform to the dimensional requirements in effect on the date of issuance of the building permit for such remodeling or rebuilding; (c) In case of any remodeling or rebuilding, the remodeling or rebuilding shall not increase the extent of nonconformity with any dimensional requirement; See. 40-162. Waivers allowed; nonconforming zone lets. A zone lot which was in conformance with applicable dimensional requirements in effect at the time of its creation but which at a subsequent date fails to conform to applicable dimensional requirements due to a change in the zoning map, in the tables of dimensional requirements or in the text of this Chapter, may be used as a building site for a single dwelling~ subject to the following conditions: (a) (b) In those cases where the zone lot area, zone lot width and side yards are not more than twenty (20) percent below the minimum specified in this Chapter and there are no other violations of dimensional requirements, the Department of Environmental Services is authorized to issue a building permit for a single-family residence. The director of environmental services shall ensure that the required open space for another structure shall not be encroached upon. See. 40-162.1. Lot merger. In order to minimize the number of non-conforming zone lots, if two or more adjoining vacant and platted lots or parcels with continuous frontage on a public street are in a single ownership, and if either or any of such lots or parcels individually are too small in any dimension to meet the yard, width and lot area requirements of the district in which they are located, then such group of lots or parcels shall be considered as a single zone lot or several zone lots of such size as 120