A nonconforming building or structure in a nonresidential district may continue to be used or occupied by a use permitted in the district in which it is located, so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Additions and Moving. A nonconforming building or structure shall not be added to, enlarged or moved unless the Board finds that the additions or parts moved are made to conform to the regulations of the district in which it is located. In the event an applicant proposes to alter, add to, enlarge or move a nonconforming building or structure and a development plan is required pursuant to Section 1228.02(b), any nonconforming site condition that exists on the same lot shall be brought into compliance with district regulations unless the Planning Commission determines that such conformance cannot be reasonably achieved. In such case, the Planning Commission shall approve a development plan that reduces the existing nonconforming site condition to the maximum extent practicable.
(b) Restoration of Damaged Building or Structure. If a nonconforming building or structure is damaged or destroyed by any cause, those portions so destroyed or damaged may be restored to the original footprint and floor area of the building or structure, provided the cumulative replacement costs do not exceed 75% of the market value, exclusive of foundations, immediately prior to damage, except as noted below. Any restoration that exceeds the original footprint and/or floor area shall comply with division (a) of this section. All repairs and restorations shall comply with the following conditions:
(1) A zoning permit authorizing such restoration shall be obtained.
(2) Such restoration shall be completed within a period of one year from the date of damage or destruction.
(3) Such restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformity or noncompliance existing prior to such damage or destruction.
(Ord. 58-01. Passed 5-29-01.)