§ 153.293 NON-CONFORMING BUILDINGS OR STRUCTURES.

   (A)   Where a lawful building or structure exists at the effective date of this chapter, or an amendment thereto, that does not comply with the requirements of this chapter because of restrictions such as lot area, lot coverage, width, height or setbacks, that building or structure may continue to be occupied and used so long as it remains otherwise lawful, subject to the following provisions.

      (1)   No non-conforming building or structure may be enlarged or altered in a way that increases its non-conformity, except in cases in which the setback of a building or structure is non-conforming by 50% or less of the distance required by this chapter. Only in these cases may the non-conforming setback be extended along the same plane as the existing non-conforming setback; provided that, in doing so, the setback itself is not further reduced.

      (2)   In the event that a non-conforming building or structure is destroyed to an extent of more than 50% of its replacement value, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this chapter; provided that, the Zoning Board of Appeals may, upon application, permit the reconstruction of the non-conforming building or structure if all of the following conditions are met.

         (a)   The prior non-conforming condition(s) shall not be increased.

         (b)   All building materials and architectural details shall conform to the requirements of §§ 153.170 through 153.174 of this chapter.

         (c)   The new building or structure shall be placed on the original foundation, unless the building or structure could be so located as to reduce the extent of its non-conformity on the lot.

         (d)   The application to reconstruct the non-conforming building or structure shall be filed with the Zoning Administrator within six months of the event in which the building or structure was damaged or destroyed.

         (e)   The reconstruction of the building or structure shall not be detrimental to adjacent property and the surrounding neighborhood.

      (3)   If a non-conforming building or structure is moved for any reason and for any distance, it shall be moved to a location which complies with the requirements of this chapter.

   (B)   None of the provisions of this section are meant to preclude normal repairs and maintenance on any non-conforming building or structure that would prevent strengthening or correcting any unsafe condition of the building or structure.

(Prior Code, § 5.153)