If, at the effective date of this Code or future amendment, there exists a lawful use of a zoning lot and/or building which, under the terms of this Code as adopted or so amended, is a permitted principal use in the district in which it is located but which does not, under the terms of this Code as adopted or so amended, conform to the regulations of this Code with respect to lot width, lot area, off-street parking, yards, height, lot coverage, or other regulations, standards or requirements concerning such lot or structure, or such use thereof, such use of land and/or structure may be continued, except as otherwise specifically provided in this Code, so long as it remains otherwise lawful, subject to the following provisions:
(a) Alterations. A nonconforming building or structure, including access drives and parking areas, may be repaired, remodeled, reconstructed or structurally altered provided no such nonconforming building or site condition, except as provided in subsection b, shall be structurally altered or extended in a way which increases its nonconformity.
(b) Reconstruction. Should such nonconforming building, except those devoted to a single family or two family use, be destroyed or damaged by any means to an extent of more than its assessed value, as determined for tax purposes by the county auditor, it shall not be reconstructed except in conformity with all the provisions of this Code generally applicable to such structure in the district in which it is located. Single family dwellings and two family dwellings that are damaged or destroyed may be reconstructed provided the extent of nonconformity is not increased and provided the structure is reconstructed completely within the subject property boundaries.
(c) Change in Principal Use of Lot or Building. The use of such land and/or building may be changed to any other permitted principal use in the district in which it is located so long as the nonconformity is not increased and so long as the new use complies with any special regulations, standards or requirements specified by this Code for such use.
(d) Change In Conditional Use. A conditional use of land and/or building may be changed to another conditional use when approved pursuant to Section 1137.04 as long as any nonconformity is not increased. However, as a condition of approval for a conditional use permit, the Planning Commission may require that the level of nonconformity of a nonconforming building, structure or site condition be reduced. (Ord. 2018-86. Passed 9-27-18.)