1169.05 NONCONFORMING STRUCTURES.

   (a)   Maintenance and Repair. Routine maintenance and repair of nonconforming structures shall be permitted. Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, on order of such official.

   (b)   Replacement of Damaged Structure.

      (1)   Principal building. Any structure which is the principal building on a lot existing on or before the effective date of this Code and which does not conform to the provisions of this Code for the district in which it is located, and which has been or may hereafter be damaged by fire or other causes to the extent of less than sixty percent (60%) of its replacement value at the time of destruction or damage, may be restored or reconstructed and used as before the time of damage, provided that such structure, when completed, will not differ in location or size from the previously existing structure and provided such repairs or reconstruction are completed within one (1) year of the date of the damage.. However, when the damage or destruction to said structure is to the extent of sixty percent (60%) or more of its replacement value at the time of destruction or damage, it shall not be restored except in conformity with the regulations of the district in which the structure is situated.

      (2)   Accessory structure.  Any accessory structure, except a sign, existing on or before the effective date of this Code and which does not conform to the provisions of this Code for the district in which it is located, and which has been or may hereafter be damaged by fire or other causes to the extent of less than fifty percent (50%) of its replacement value at the time of destruction or damage may be restored or reconstructed and used as before the time of damage, provided that such structure, when completed, will not differ in location or size from the previously existing structure (except to the extent that such difference may be in greater conformity with this Code) and provided such repairs or reconstruction are completed within one (1) year of the date of the damage. However, when the damage or destruction to said structure is to the extent of fifty percent (50%) or more of its replacement value at the time of destruction or damage, it shall not be restored except in conformity with the regulations of the district in which the structure is situated.

   (c)   Completion.. Any partially completed building or structure, the actual construction of which has commenced on or before the effective date of this Zoning Code, which building or its intended use, when completed, would not conform to the provisions of this Code for the district in which it is located, may be completed and used as a nonconforming use only for the purpose for which it was originally designed, provided that the building is completed and/or put to use within two (2) years after the adoption of this Code. 

   (d)   Alteration.. No nonconforming structure shall be moved, extended, enlarged, or altered except in a manner which decreases or eliminates its nonconformity subject to approval by the Board of Zoning Appeals.

(Ord. 2000-143. Passed 6-26-00.)