Nonconforming Uses and Structures
Section 98. Continuation of Nonconforming Use or Structure. Subject to the provisions of Sections 99 to 105, a nonconforming structure or use may be continued and maintained in reasonable repair but shall not be enlarged or expanded except as specified in Sections 99 and 100. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the time of passage of this Ordinance is not an enlargement of a nonconforming use.
Section 99. Enlargement or Expansion of Nonconforming Use. In case of practical difficulty or unnecessary hardship, the Hearings Board may authorize enlargement or expansion of a nonconforming use up to 20 percent in floor area or, in those cases not involving structures, up to 10 percent in land area, as existing on the effective date of this Ordinance. In no case, however, shall such enlargement or expansion result in an increase in the number of dwelling units in excess of the number permitted for the lot in the zone in which it is located. (Amended by Ord. No. 2752/7-76.)
Section 100. Procedure for Authorization. The procedure to be followed in application for and authorization of an expansion of a nonconforming use shall be the same as that specified in Sections 108 to 111 for a case of a variance. The application shall be accompanied by a fee as set in Section 129. (Amended by Ord. Nos. 2536/11-72; 2660/8-74; and 3320/5-82.)
Section 101. Nonconforming Structure. A structure conforming as to use but nonconforming as to height, setback, or coverage may be altered or extended, providing alteration or extension does not increase the deviation from the standards of this Ordinance. (Amended by Ord. No. 5676/10-06.)
Section 102. Discontinuance of a Nonconforming Use. If a nonconforming use is discontinued from use for a period of one year, further use of the property shall be for a conforming use.
Section 103. Change of a Nonconforming Use. If a nonconforming use is changed, it shall be changed to a use conforming to the regulations of the zone and, after change, it shall not be changed back again to the nonconforming use.
Section 104. Destruction of a Nonconforming Use. If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 80 percent of the value of the structure, a future structure or use on the property shall comply with the provisions for a conforming use in the zone. Single family residential structures may be rebuilt in any zone if unintentionally destroyed, provided the reconstruction of the residence complies with the following standards :
1. the residence is rebuilt on the same location on the lot, or incompliance with the setback standards for the underlying zone; and
2. the square footage of the replacement structure does not exceed the square footage of the original structure by more than twenty percent (20%); and
3. if the property is within an area subject to architectural standards the construction style of the replacement structure complies with those architectural standards.
The value of the structure for purposes of this Section shall be determined by establishment of its replacement cost using current values for labor and new materials. If the building inspector determines there is some pertinent question as to the percent of the structure destroyed, he shall refer the question to the building board of appeals established by the city building code for determination. (Amended by Ord. Nos. 3717/9-87; 5245/4-03; and 5304/9-03.)
Section 105. Completion of Structure. Nothing contained in this Ordinance shall require any change in the plans, construction, alteration, or designated use of a structure for which a building permit has been issued and construction work has commenced prior to the adoption of this Ordinance; except that, if the designated use will be nonconforming, it shall, for the purpose of Section 102, be a discontinued use if not in operation within two years of the date of issuance of the building permit.