A non-conforming 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:
(a) Enlargement, Repair, and Alterations. A non-conforming building or structure may be enlarged, maintained, repaired, or structurally altered provided the additions are made to conform to all the regulations of the district in which it is located. However, no such enlargement, maintenance, repair, or structural alteration shall either create any additional non-conformity or increase the degree of the existing non-conformity of all or any part of such building or structure with respect to the regulations in this Planning and Zoning Code.
(b) Moving. No building or structure which is non-conforming under this Planning and Zoning Code shall be moved in whole or in part to any other location on the same or any other lot unless the entire building or structure shall thereafter conform to the regulations of the district in which it is located after being moved.
(c) Restoration of Damaged Building or Structure. If a non-conforming building or structure is damaged or destroyed by any means except intentional misconduct of the owner or occupant, those portions so destroyed or damaged may be restored to the original footprint and floor area of the building or structure, provided the reconstruction is begun within six (6) months of the damage or destruction. Any restoration that exceeds the original footprint and/or floor area shall comply with sub-section 1135.07 (a), Enlargement, Repair, and Alterations.
(d) Change in Principal Use of Building. The principal use of a non-conforming building may be changed to any other use permitted in the district in which it is located so long as the new use complies with all regulations of this Planning and Zoning Code specified for such use, except the regulations to which the building did not conform prior to the change in use.
(e) Variances from district regulations on area, lot coverage, lot width, height, setbacks, location on the lot may be granted by the Board of Appeals where necessary and where such appeal for a variance meets the requirements of Section 1131.17, Area Variance.
(Ord. 2012-21. Passed 7-11-12.)