No structural alteration shall be made unless the entire structure and the use of such structure thereafter conforms to the regulations of the district in which such structure is located, except as provided herein.
(a) The Board of Zoning Appeals may permit a nonconforming structure to be repaired subject to the following conditions:
(1) A nonconforming structure may be repaired, provided the structure is not enlarged or extended and the non-conformance is not increased or perpetuated.
(2) A nonconforming use of land may not be extended, enlarged or increased in intensity.
(3) Any existing nonconforming use which adds the sale of beer and/or alcoholic beverages for consumption on the premises, or, if the existing nonconforming use includes the sale of beer and/or alcoholic beverages for consumption on the premises, and a change would include a later closing hour and/or the sale of beer or alcoholic beverages with the greater alcoholic content than the existing nonconforming use, it shall be deemed to extend, enlarge or increase in intensity such existing nonconforming use.
(b) In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to such an extent that the cost of restoration to the condition in which it was before such damage or destruction exceeds sixty percent (60%) of the current assessed value of the entire structure, exclusive of foundation, such structure shall not be restored unless such structure and the use thereof thereafter conforms to the regulations of the district in which it is located. Moreover, even if such damage is sixty percent (60%) or less, no repair or restoration shall be made unless a Building Permit and Zoning Use Permit are obtained, and restoration is actually begun, within six months after the date of such partial destruction and is diligently pursued to completion. In the event of a work stoppage of more than thirty (30) days, the Zoning Administrator may, at their discretion, revoke the Zoning Use permit and require that the structure and use thereafter conforms to the regulation of the district in which it is located.
(c) No structure that is devoted in whole or in part to a nonconforming use shall be moved in whole or in part, for any distance whatever, to any other location on the same lot or any other lot unless the entire structure and the use thereof thereafter conforms to the regulations of the district in which it is located after being so moved. Moreover, no nonconforming use of land shall be moved, in whole or in part for any distance whatever, to any other location on the same or any other lot unless such use thereafter conforms to the regulations of the district in which it is located after being moved.
(d) The Board of Zoning Appeals shall have no authority to allow a nonconforming use to be re-established once it has become vacant, abandoned or a discontinued use under Section 1130.07 and no nonconforming accessory use shall continue after the principal use to which it is accessory has been discontinued.
(e) The Zoning Administrator may, at their discretion, require the elimination of all, or a portion of, any nonconforming issues as a condition of the issuance of a Zoning Use Permit for the property. (Ord. 113-2020. Passed 12-21-20.)