(A) Occupied dwelling units. Occupied dwelling units in business districts at the time of adoption of this chapter are considered legal nonconforming uses with special rights to expand, reconstruct and repair. Any expansion, reconstruction or repair of an occupied dwelling unit must meet all yard requirements for dwelling units in the R-1 District.
(B) Expansion of structural nonconformity prohibited. No structure may be enlarged or structurally altered in such a way as to increase its nonconformity. A reduction of the degree of nonconformance in one respect is not permitted to offset an increase in the degree of nonconformance in another respect. Bartering of nonconformities is not permitted. For example, square footage may not be “traded” from one portion of a building to another.
(C) Uses. One nonconforming use may be replaced by another if the degree of nonconformance in use is reduced in some way.
(D) Reconstruction and restoration. Any lawful nonconforming use damaged by fire, explosion, act of God, or by other causes may be restored, rebuilt or repaired provided that the reconstruction or restoration work does not increase the gross floor area. All such restoration must be started within a period of one year of the time of such damage and diligently pursued to completion. The Board of Appeals may extend the period of time for restoration of any such building or structure when a bona fide emergency renders it impossible to make the restoration of the building or structure within the required time period. Any basements, large holes and the like remaining on the site after removal of the structure shall be filled in and leveled within 90 days of removal of the structure.
(E) Repair. Nothing in this chapter shall prohibit the repair, improvement or modernizing of a lawful nonconforming building to correct deterioration, obsolescence, depreciation or wear, provided that such repair does not exceed an aggregate cost thereby increasing the assessed value by more than 50% as determined by the assessing officer unless the subject building is changed by such repair to a conforming use. No repair may enlarge or structurally alter the structure in such a way as to increase the nonconformity.
(Ord. passed 11-2-2005)