When a building or structure, the use of which does not conform to the provisions of the Planning and Zoning Code, is damaged by fire, explosion, public enemy or act of God, it may be restored or rebuilt and continued in such nonconforming use provided that the restoration or rebuilding is commenced within six (6) months of the time of damage, that construction is completed within eighteen (18) months, and that such restoration or rebuilding would not extend or expand the existing use, except as may be permitted in Section 1145.05 above.
If any part of the damaged or destroyed building encroaches or intrudes on an adjacent property, the locations of the restored or rebuilt structure is subject to approval by the Planning and Zoning Board. If the restoration or rebuilding of the structure involves extension or expansion of the use, the provisions of Section 1145.05 shall apply.
(Ord. 2004-111. Passed 7-26-04.)