A nonconforming building or structure may continue to be used or occupied by a use permitted in the district in which it is located so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following provisions:
(a) Additions and Moving. A nonconforming building or structure shall not be added to, enlarged or moved unless the addition(s) or part(s) moved conforms to the regulations of the district in which it is located.
(b) Restoration of Damaged Building or Structure. If a nonconforming building or structure is damaged or destroyed by any means, which is not a voluntary action of the property owner, those portions so destroyed or damaged may be restored substantially the same as existed prior to destruction provided the reconstruction is begun within 12 months of the damage or destruction. When used above, the term "substantially the same" is related to the building size and setbacks, the number of parking spaces, parking setbacks, landscaping, screening, etc. Any restoration that exceeds the original footprint and/or floor area shall comply with subsection (a) hereof.
(c) Change in Principal Use of Building. The principal use of a nonconforming building may be changed to any other use permitted in the district in which it is located so long as the new use complies with all regulations of this Planning and Zoning Code specified for such use, except the regulations to which the building did not conform prior to the change in use.
(d) Variances from district regulations on area, lot coverage, lot width, height, yards, location on the lot may be granted by the Board of Building and Zoning Appeals where necessary and where such appeal for a variance meets the requirements of Section 1117.09
(c)(1), Area Variance. The Zoning Administrator may allow the extension of an existing nonconforming building line if the extension maintains the same or creates a greater distance from the lot line.
(Ord. 2009-14. Passed 4-23-09.)