Where a lawful nonconforming structure fails to meet size, height, yards, setbacks, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, provided:
(a) A nonconforming structure shall not be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located if any of the following exists:
(1) Such structure is physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition.
(2) Such structure has uncorrected violations of Chapter 1349, Property Maintenance Code of Painesville.
(3) Such structure is considered a vacant building as defined by Chapter 1375, Vacant Property and Building Registration;
(b) A nonconforming structure not subject to subsection (a) above may be expanded provided that the building footprint or height after the expansion does not exceed 110% of the existing footprint or height. Any such structure may be altered to decrease its nonconformity;
(c) Nonresidential structures which are nonconforming and not subject to subsection (a) above that are destroyed by any means to an extent of more than 50% of its replacement cost, it shall not be reconstructed except in conformity with the provisions of this Code;
(d)
(1) Nonconforming residential structures in residential zoning districts not subject to subsection (a) above that are destroyed by any means to any extent may be reestablished provided that reconstruction is consistent with building setback, requirements for nonconforming lots established in Section 1121.03 or the setbacks of the building footprint prior to destruction. Such reconstruction shall commence within six months following the destruction and be completed within two years following the destruction. The Administrator may authorize one extension not to exceed six months for good cause shown.
(2) Nonconforming residential structures in a commercial or industrial zoning district that destroyed less than 50% of the replacement cost may be reestablished provided that reconstruction is consistent with building setback requirements for nonconforming lots established in Section 1121.03 or the setbacks of the building footprint prior to destruction. Nonconforming residential structures in a commercial or industrial zoning district that destroyed greater than 50% of the replacement cost may not be reconstructed.
(f) Nothing in this Code shall prevent the reconstructing, repairing or rebuilding of a nonconforming building, structure or part thereof rendered necessary by wear and tear, deterioration or depreciation, provided that the work does not create greater nonconformities beyond that which is permitted in this chapter nor prevent compliance with the provisions of the Building Code relative to the maintenance of buildings or structures.
(Ord. 16-19. Passed 9-16-19; Ord. 18-22. Passed 10-3-22.)