(a) A nonconforming building or structure may continue to be used or occupied by a use permitted in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions.
(b) Additions and Moving. A nonconforming building or structure shall not be added to, enlarged or moved unless the addition(s) or part(s) moved is made to conform to the regulations of the district in which it is located.
(c) Restoration of Damaged Single-Family or Two-Family Dwelling. If a legal nonconforming single-family or two-family dwelling located in an R1-A, R1-C or R2-F zoning district is damaged or destroyed by any cause, those portions so destroyed or damaged may be restored to the original footprint and floor area of the dwelling subject to the following conditions:
(1) The dwelling shall be rebuilt as the same category of dwelling type (i.e. a single-family dwelling may not be rebuilt as a multifamily dwelling).
(2) The dwelling shall not exceed the original dwelling’s total livable and non-livable square footage area nor exceed the original structure height.
(3) Any restoration or reconstruction that exceeds the original footprint and/or floor area of the original dwelling shall be constructed in a manner that conforms to the current regulations of the zoning district in which the structure is located.
(4) The dwelling shall not encroach into the original building setbacks.
(5) When a dwelling qualifies for reconstruction or restoration under this section, a building permit shall be obtained for that purpose and such reconstruction or restoration shall be diligently completed without delay.
(6) Failure to fully reconstruct or restore within one year from the date of damage or destruction revokes the right to the legal nonconforming use status and the premises shall conform thereafter to all applicable Zoning Code regulations.
(d) Restoration of Other Damaged Buildings or Structures. If a legal nonconforming building or structure located in any zoning district not covered under Section 1145.03(c) is damaged or destroyed by any cause, those portions so destroyed or damaged may be restored or reconstructed to the original footprint and floor area of the building or structure provided the cumulative replacement costs do not exceed sixty percent (60%) of the replacement cost of the building or structure at the time of such damage or destruction. Any restoration or reconstruction that exceeds the original building or structure footprint and/or floor area shall be constructed in a manner that conforms to the applicable regulations of this Zoning Code. All restoration and reconstruction shall be subject to the following conditions:
(1) A building permit authorizing such restoration or reconstruction shall be obtained.
(2) Such restoration or reconstruction shall not cause a new nonconformity, nor shall it increase the degree of nonconformity or noncompliance existing prior to such damage or destruction.
(3) Failure to fully reconstruct or restore within one year from the date of damage or destruction revokes the right to the legal nonconforming use status and the premises shall conform thereafter to all applicable Zoning Code regulations.
(Ord. 2022-24. Passed 5-24-22.)