1115.05 NONCONFORMING STRUCTURES AND SITES.

   A nonconforming structure or site may continue to be used or occupied by a use permitted in the applicable zoning district so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:

   (a)   Any nonconforming structure or site may be enlarged, maintained, repaired, or altered provided, however, no such enlargement, maintenance, repair or alteration shall either create an additional nonconformity or increase the degree of the existing nonconformity of all or any part of such structure or site, unless otherwise specified in this code.

   (b)   A nonconforming structure shall not be relocated in whole or in part to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the applicable zoning district after being relocated.

   (c)   The principal use of a nonconforming building may be changed to any other use permitted in the applicable zoning district as long as the new use complies with all regulations of this code specified for such use, except the regulations to which the building did not conform prior to the change in use.

   (d)   Nonconforming signs shall be regulated in accordance with Section 1113.12.

   (e)   Nonconforming fences and walls shall be regulated in accordance with Section 1109.03.

   (f)   The governmental acquisition of a portion of a lot for a public purpose that results in reduction in a required yard or building setback below that required in the applicable zoning district shall not render a structure nonconforming.

   (g)   Damage or Destruction of a Nonconforming Structure Containing a Conforming Use.

      (1)   If a nonconforming structure is damaged or destroyed to any extent, it may be reconstructed within the footprint of the structure at the time of damage or destruction. In no case may the nonconformities be increased and in no case may the nonconforming structure be reconstructed across a right-of-way or lot line.

      (2)   If the owner voluntarily removes a nonconforming structure or reduces the nonconformity of a nonconforming structure that has not been damaged or destroyed, that owner shall not be permitted to rebuild the structure to the original height, size, or setback.

         (Ord. 2024-032. Passed 7-22-24.)