(a) Unsafe Structures. Nothing in this Chapter or otherwise in this Code prevents the strengthening or restoring to a safe condition of any portion of a nonconforming structure, or a conforming structure, or a conforming structure in which a nonconforming use is located, if the structure is declared unsafe by the Chief Building Official.
(b) Alterations to Nonconforming Structures Containing a Conforming Use.
(1) Any building or structure that contains a conforming use and that does not comply with this Code, may be expanded, enlarged, altered, improved, or reconstructed subject to the following conditions:
A. That said alteration does not cause greater nonconformity than what is already present on the property.
B. That the present location of the subject nonconforming structure can be clearly documented and utilized in the event that the existing structure is to be demolished. Where the Chief Building Official determines that the existing foundation is inadequate, the Zoning Inspector may allow the new structure to be built at the point nearest the old structure but not closer to any property line than the previous structure.
(2) The Zoning Inspector has the authority to review and approve zoning permits for projects meeting the requirements of this subsection.
(3) The Zoning Inspector's decision may be appealed to the Board of Zoning Appeals in accordance with Section 1111.03
.
(c) Alterations to a Conforming Structure with Nonconforming Use.
(1) Any conforming building or structure containing a nonconforming use may be expanded, enlarged, altered, improved, or reconstructed subject to the following conditions:
A. That said alteration will not increase the nonconforming use contained within the structure; OR
B. That said alteration will not have any detrimental effect on the surrounding neighborhood.
(2) The Zoning Inspector has the authority to review and approve zoning permits for projects meeting the requirements of this subsection.
(3) The Zoning Inspector's decision may be appealed to the Board of Zoning Appeals in accordance with Section 1111.03
,
(e) Previously Approved Construction. Nothing in this Code prohibits the completion of construction and use of a nonconforming structure for which a zoning permit was issued prior to the effective date of this Code, or any amendment thereto, provided that the occupancy permit is obtained within two (2) years of the Planning Commission granting the site plan approval.
(f) Restoration. Nothing in this Code prohibits the reconstruction, repairing, rebuilding, and continued use of any nonconforming use or nonconforming structure damaged by fire, collapse, explosion, or acts of God, subsequent to the date of this Code. Such reconstruction, repairing, rebuilding, and continued use of a legal nonconforming use or legal nonconforming structure cannot exceed the original size and scope without following the procedures required by this Chapter. (Ord. 2021-057. Passed 6-16-21; Ord. 2022-099. Passed 9-21-22.)