§ 159-8.103 NONCONFORMING STRUCTURES.
   (A)   Authority To Continue: Any nonconforming structure that is devoted to a use that is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in this part.
   (B)   Repair, Maintenance, Alterations, And Enlargement: Any nonconforming structure may be repaired, maintained, altered, or enlarged; provided, however, that no repair, maintenance, alteration, or enlargement may either create any new nonconformity or increase the degree of the existing nonconformity of all or any part of the structure.
   (C)   Moving: No nonconforming structure may be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure thereafter conforms to the regulations of the zoning district in which it is located after being so moved.
   (D)   Damage Or Destruction:
      (1)   Not Within The Control Of The Owner. Any nonconforming structure that is damaged or destroyed, by any means not within the control of the owner, to any extent, may be repaired, restored, or replaced; provided, however, that no repair, restoration, or replacement may be made that would create any new nonconformity not existing prior to such damage or destruction nor shall any repair, restoration, or replacement except in conformity with the applicable district regulations be made unless the repair, restoration, or replacement is actually begun within 1 year after the date of such damage or destruction and is diligently pursued to completion.
      (2)   Within The Control Of The Owner. In no event may any damage or destruction to a nonconforming structure by means within the control of the owner be repaired, restored, or replaced except in accordance with division (B) of this section; provided, however, that a nonconforming structure that is damaged or destroyed by means within the control of the owner may be repaired, restored, or replaced in the following circumstances:
         (a)   If damaged or destroyed to the extent of 50% or less of the gross floor area of the structure, the repair, restoration, or replacement may not create any new nonconformity not existing prior to the damage or destruction; or
         (b)   If damaged or destroyed to the extent of more than 50% of the gross floor area of the structure, the nonconforming structure may only be repaired, restored, or replaced in conformity with all applicable district regulations except for lot area.
(Ord. 17-2-2065, passed 2-27-2017)