(1) If any legally established nonconforming use is located within a legally established nonconforming building or structure and such legally established nonconforming building or structure becomes unsafe or unlawful by reason of physical condition and is razed, the legally established nonconforming use previously being conducted in such legally established nonconforming building or structure shall be extinguished and no longer permitted.
(2) If any legally established nonconforming use is located within a legally established nonconforming building or structure and such legally established nonconforming building or structure is damaged or destroyed by any means to the extent of more than two-thirds of the fair market value of the building or structure immediately prior to the damage or destruction the legally established nonconforming use previously being conducted in such legally established nonconforming building or structure shall be extinguished and no longer permitted unless application in compliance with the provisions of Article XI is made for an improvement location permit within 180 days of such damage or destruction and an improvement location permit demonstrating compliance with the following regulations is issued pursuant to such application:
(a) The proposed redevelopment shall, to the maximum extent practical, comply with the development standards, including, but not limited to, lot coverage, off-street parking, off-street loading, lighting, landscaping, minimum yards or bufferyards, use of minimum yards and bufferyards, building setbacks, maximum building height, main floor area, and outside storage and operations, applicable to the legally established nonconforming use in the district in which such use is first identified as a permitted use; and
(b) The gross floor area and the maximum building height devoted to the legally established nonconforming use shall not be increased, except as such increase is required to comply with other applicable federal, state or local regulations (i.e., minor enlargements to accommodate ADA Accessibility Guidelines or current Building Codes).
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 11-2004, passed 6-14-2004; Ord. 51-2005, passed 10-10-2005; Ord. 09-2007, passed 4-23-2007; Ord. 24-2009, passed 1-26-2009)