(a) Intent. Within the City of Westerville there exist:
(1) Lots;
(2) Structures;
(3) Uses of land and structures; and
(4) Development Standards of uses;
which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Zoning Ordinance. It is the intent of this section to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this section that nonconformities shall not be enlarged upon, expanded or extended. The Board of Zoning Appeals shall have the authority to grant an extension of a building or the expansion of the use of a lot devoted to a nonconforming use where such extension is necessary and incidental to the existing use of such building or lot. However, the floor areas or lot areas of such extensions shall not exceed, in all, 100 percent (100%) of the area of the existing building or lot devoted to a nonconforming use. The decision of the Board of Zoning Appeals may be appealed to Council pursuant to the provisions of Section 1107.06.
(b) Changes in Nonconforming Uses. The Board of Zoning Appeals may authorize substituting a nonconforming use for another nonconforming use provided no structural alterations except those required by law or ordinance are made.
(c) Reconstruction of Nonconforming Use. Where a nonconforming building has been damaged by explosion, fire, or an act of God to the extent of more than fifty percent (50%) of its fair market value, the Board of Zoning Appeals may permit reconstruction where it finds some compelling necessity requiring a continuance of the nonconforming use.
(Ord. 92-33. Passed 6-16-92.)