1123.07 NONCONFORMING BUILDINGS AND STRUCTURES.

   A building or structure which does not comply with the requirements of the zoning district in which it is located may continue, subject to the following limitations:

   (a)   Enlargement, Repair, and Alterations. An application for a building or structure to be enlarged, maintained, repaired, or structurally altered may be approved, but the approval shall prohibit expansion of a non-conforming use or an increase in the intensity thereof.

   (b)   Moving. An application to move a building or structure or portion thereof to another location on the same lot or to another parcel, which does not comply with the requirements of the zoning district in which it is proposed to be located, shall not be approved unless the building or structure thereafter conforms to the regulations of the zoning district in which it is located.

   (c)   Restoration of Damaged Building or Structure. An application for restoration of a damaged or destroyed building or structure which does not comply with the requirements in the zoning district in which it is located may be approved subject to the following conditions for restoration:

      (1)   The original footprint is retained and the floor area is not increased;

      (2)   The restoration commences within 12 months of the damage or destruction; and

      (3)   The total cost to repair the damage and obtain a Zoning Certificate for Occupancy does not exceed 60% of the estimated cost of replacement of the entire building or structure. An application for restoration that changes the original footprint or increases the floor area shall comply with Section 1123.07(a), (Enlargement, Repair, and Alterations).

   (d)   Change in Principal Use of Building. The principal use of a nonconforming building may be changed at any time to a use permitted in the zoning district in which it is located, and the non-conforming building, structure or lot where the permitted use is conducted is not required to comply with the zoning district requirements.

   (e)   An area variance from zoning district regulations which does not qualify for relief under Section 1119.19 (Minor Variances) shall be heard by the Board of Appeals, when the variance meets the requirements of Section 1119.15(a).

   (f)   An area variance may be granted pursuant to Section 1119.19 (Minor Variances) to allow the extension of an existing nonconforming building line if the building line as extended maintains the same, or results in a greater, distance from the lot line. (Ord. 2635. Passed 1-13-11.)