(1) Ordinary repairs. On any legally established nonconforming building or structure (excluding signs), or portion of a building or structure containing a legally established nonconforming use, work may be done on ordinary repairs or on the repair or replacement of non-bearing walls, fixtures, wiring or plumbing, provided that the cubic feet content existing when the building or structure, or portion of a building or structure containing a legally established nonconforming use became nonconforming shall not be increased. Nothing herein shall be deemed to prevent the strengthening, repairing or restoring to safe condition of any building or structure (excluding signs), or part thereof, declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(2) Reconstruction prohibited. If a legally established nonconforming building or structure (excluding signs) or portions of a building or structure containing a legally established nonconforming use becomes unsafe or unlawful by reason of physical condition and is razed, such building or structure (excluding signs) shall not thereafter be rebuilt or used except in conformity with the provisions of this ordinance.
(3) Remodeling. 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).
(4) Parking area, outside storage area or outdoor operations area. A legally established nonconforming parking area, outside storage area or outdoor operations area may be maintained, repaired or upgraded by hardsurfacing with asphalt or concrete provided that there is no increase in the total area occupied by the parking area or outside storage area and, if, in the discretion of the Director, the hardsurfacing would serve to reduce a potential negative impact of the existing parking area or outside storage area on surrounding properties. In case of disagreement with the determination of the Director, any aggrieved party may file and appeal with the Board of Zoning Appeals pursuant to the provision of Article X of this ordinance. Such hardsurfacing shall require an improvement location permit and shall also be subject to full review under and compliance with Ord. 17-97 - Drainage Ordinance, as codified in §§ 54.01 through 54.15 of this code of ordinances.
(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)