(a) Notwithstanding the other provisions of this chapter with the exception of Section 1141.02(c) and Section 1141.05(c) and notwithstanding Section 1153.01(c), the Board of Zoning and Building Appeals may permit an existing nonconforming building or an existing nonconforming use of building to be structurally altered, rebuilt, expanded or enlarged provided the Board first determines that the general standards as set forth in Section 1153.06 do exist and provided that the Board further determines that the proposed changes, additions and/or improvements shall upgrade the existing nonconforming building or existing nonconforming use of building and, further, make the resulting development more compatible to the district for which it is zoned and more compatible to the adjacent and abutting uses.
(b) The provisions of this section shall apply only to the following types of changes, additions or improvements:
(1) Enlargements of a nonconforming structure or of a structure housing a nonconforming use by an addition attached physically to the original structure to form an integral part thereof;
(2) Construction of a new separate main use building that is a replacement for the existing nonconformity;
(3) Construction of a new separate use building that would be a replacement for an existing nonconformity and that would be a permitted accessory use in and/or for the existing nonconformity;
(4) Moving the nonconforming use from one existing building to another existing building located on the same zoning lot.
(c) The provisions of this section, however, shall not be construed, applied or interpreted to authorize or permit the Board to permit or authorize a new nonconforming main or accessory use to be introduced nor to permit or authorize the extension of the nonconforming use to an adjoining zoning lot. (Ord. 97-60. Passed 1-20-98.)