§ 155.010  NONCONFORMING STRUCTURES.
   Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, coverage, height, yards or other characteristics of the structure or its location on the lot, the structure may be continued as long as it remains otherwise lawful, subject to the provisions of divisions (A) and (B) below:
   (A)   (1)   Owners of conforming structures on nonconforming lots shall apply to the Board of Zoning Appeals for a variance in order to enlarge, alter the height or change the footprint of such structure. In considering the application, the Board of Zoning Appeals shall apply the same criteria as in the case of conforming lots. Nonconformance alone shall not constitute grounds for denying a variance.
      (2)   A legal nonconforming structure may be altered or changed in order to decrease or eliminate the nonconformity or in a manner that does not increase its nonconformity. An owner of a nonconforming structure shall apply to the Board of Zoning Appeals for a variance if the proposed enlargement, alteration or change does not comply with the bulk requirements and other provisions of this section because it increases its nonconformity. In considering the application, the Board of Zoning Appeals shall apply the same criteria as in the case of conforming structures. Nonconformance alone shall not constitute grounds for denying a variance. Nothing in this section shall be construed to prohibit the alteration of a legal nonconforming structure when such alteration is required to bring the structure into compliance with the Building Commissioner's order in the case of a structure determined to be unsafe.
   (B)   The party alleging the existence of a legally nonconforming structure or use bears the burden of demonstrating that the structure or use was legally existing at the time of a change in ordinance which rendered the structure or use nonconforming.
   (C)   Should any nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district which it is located after it is moved.
   (D)   A legal nonconforming structure or portion of such structure that has been partly or completely demolished or destroyed, including fire, flood, explosion, force majeure, or any other casualty, may be repaired or replaced, provided:
      (1)   The structure cannot be repaired or replaced in a manner that makes the structure legally conforming;
      (2)   The owner makes application for a building permit within 6 months from the date of the destruction or removal and all necessary construction is completed within 1 year from the date of the application for a building permit; and
      (3)   The replacement structure is placed on the same footprint and has the same square footage of the structure that is being replaced and does not otherwise increase nonconformity.
(Ord. 208, passed 12-19-1983; Am. Ord. 07-07, passed 6-18-2007; Am. Ord. 10-05, passed 6-21-2010; Am. Ord. 11-27, passed 11-27-2010; Am. Ord. 2014-04, passed - -)