(B) Continuation. A lawfully created structure or parcel of land existing as of the effective date of this code that is nonconforming due solely to failure to meet the bulk standards of the zoning district or the site improvement and performance standards of §§ 154.601 through 154.605 and 154.701 through 154.713 may be used for any purposes permitted in the zoning district so long as the use is in conformance with the provisions of this section.
(C) Maintenance and restoration. In any continuous 12-month period, interior and exterior remodeling of a nonconforming structure that requires a building permit shall require correction of existing on-site improvements that do not conform to the requirements of §§ 154.601 through 154.605 and 154.701 through 154.713, in accordance with this section. The cost of the remodeling shall be as shown on the approved building permit application and the current fair market value of the existing structure shall be based on a market appraisal performed by a certified appraiser or as determined by the township assessor.
(1) Remodeling projects that cost 25% or less of the current fair market value of the structure shall not require any correction of existing conditions that fail to meet the requirements of §§ 154.601 through 154.605 and 154.701 through 154.713, other than as may be required by Fire and Building Codes.
(2) Remodeling projects that cost more than 25%, but less than 75% of the current fair market value of the structure shall require a corresponding percentage increase in compliance with the requirements of §§ 154.601 through 154.605 and 154.701 through 154.713, until the site achieves 100% compliance.
(For example, if a site has only 2,000 sq. ft. of the 3,000 sq. ft. of required landscape area and the cost of the remodeling is 30% of the value of the building, then 30% of the required landscape area shall be added, or 900 sq. ft.)
(4) Remodeling projects of any size shall not require changes in the number of parking spaces, except as provided in § 154.601.
(5) Properties that are physically constrained from complying with these provisions shall comply to the maximum extent practicable as determined by the Zoning Administrator.
(1) Expansions that would result in less than a 35% increase of the total gross square footage of the existing structure(s) shall require a corresponding percentage increase in compliance with the requirements of §§ 154.601 through 154.605 and 154.701 through 154.713 until the site achieves 100% compliance. The same requirements also shall apply to the addition of new or increased areas for outdoor operations/storage. (For example, if the addition is 20% of the size of the existing building and the site contains only 50% of the required landscaping, 20% of the required landscaping for the entire site must be provided thereby bringing the site to 70% of the total required.)
(2) Complete replacement of existing structures or expansions that result in a 35% or greater increase of the total gross square footage of the existing structure(s) require the entire property to meet all of the requirements of §§ 154.601 through 154.605 and 154.701 through 154.713. The same requirements also shall apply to the addition of new or increased areas for outdoor operations/storage.
(3) Expansions that necessitate an increase in the number of parking spaces shall be required to provide 100% of the required parking spaces for the use in accordance with §§ 154.601 through 154.605 and 154.701 through 154.713. The additional parking area shall comply with all associated landscaping and drainage requirements of this code.
(4) Structures with wall lines that fail to meet the setbacks established in this code may be expanded horizontally or vertically at the existing setback dimension provided that the setback dimension is 75% or greater of the required setback and all other applicable bulk standards are met.
(E) Change of use. Changes of use that necessitate an increase in the number of parking spaces shall be required to provide additional parking spaces, as per § 154.601, where space on the lot is available.
(F) Destruction. A nonconforming structure which is damaged to 50% or less of its fair market value, based on a valuation of the township assessor or a market appraisal performed by a certified appraiser, may be restored within the existing footprint provided that: all portions of the structure being restored are not and were not on or over a property line; all construction is in compliance with current construction codes, such as the Fire and Building Codes; a building permit is obtained within six months from the date of the damage; and the certificate of occupancy (or other final inspection) is issued within one year of the issuance of the building permit. If damage exceeds 50%, restoration or improvement shall not be permitted unless the restoration results in a structure and site conforming to all applicable requirements of this code.
(Ord. O-05-04, passed 4-11-05)