"Nonconforming building" means a building or other structure existing lawfully at the time this Zoning Code (Ord. 75-O-53, passed June 2, 1975) or any subsequent amendment thereto became effective, but which does not conform as to dimensions (area and width of lot, width of yards, percent of land coverage or height of building), or as to design (designed or intended for a use not permitted or compatible with the type of structure), or other regulations of the district in which it is located. A nonconforming building may be continued as follows.
(a) Maintenance and repair. A building nonconforming as to dimensions and/or design may continue to be used and normal repairs may be made. For the purpose of this Zoning Code, normal repairs include the ordinary maintenance of a building or structure, the replacement of equipment which is required for safety of operation and the replacement or substitutions of machinery or equipment. Normal repairs do not include the replacement of structural parts in any building nonconforming as to design except when required by law to restore the structure to a safe condition or to make the building or use conforming.
(b) Additions. A building nonconforming as to dimensions may be added to or enlarged if the additions are made to conform to the area, yard dimensions, setback, percent of coverage, usable open space and height regulations of the district in which it is located.
(c) Moving. A building nonconforming as to dimension and/or design, may be moved in whole or in part to any other location on the lot or to another lot if every portion of such building so moved is made to conform to all current regulations of the district in which it is to be located.
(d) Restoration of damaged building.
(1) If a nonconforming building is damaged or destroyed by any means to the extent of less than its assessed value as shown in the current record of the County Auditor, those portions so destroyed or damaged may be restored but to not more than their former size, provided such restoration is completed within a period of one year from the date of damage or destruction. If such a building is occupied by a nonconforming use prior to damage, such use may be reestablished.
(2) If a building nonconforming as to dimension only is damaged or destroyed more than its assessed value, it may only be restored or rebuilt in conformance with all the yard, percent of coverage and height regulations of the district in which it is located.
(3) If a building nonconforming as to design is damaged or destroyed more than its assessed value, no repairing or reconstruction shall be made unless every portion of the building is made to conform to all regulations of the district in which the building is located and it shall be occupied only by a conforming use.
(4) Determination of the value of the reproduction of that which was destroyed shall be made by three practicing building construction contractors; one to be appointed by the owner, one to be appointed by the Zoning Inspector and the third to be selected by the mutual consent of the two parties.
(e) Discontinuance of use. If any nonconforming building or portion thereof is not occupied by a use for a continuous period of at least one year, the nonconforming building or nonconforming portion thereof shall be reconstructed to comply with this Zoning Code and any further use must be in conformity with the uses permitted in the district in which it is located.
(Ord. 01-O-42, passed 9-17-2001)