§ 153.394. Avoidance of undue hardship.

A.

To avoid undue hardship, nothing in this Zoning Code shall be deemed to require a change in the plans, construction, or designated use of any structure, including a sign, for which a building permit was lawfully applied for prior to the effective date of this Zoning Code or an amendment thereof and on which actual construction has been carried on and completed within two years of such effective date.

B.

To avoid undue hardship, nothing in this Zoning Code shall prevent the restoration of a structure wholly or partly destroyed by fire, explosion, act of God, or act of the public enemy subsequent to the effective date of this Zoning Code or an amendment thereof, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction, or prevent a change or expansion of such existing use as provided in this chapter.

C.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, on order of such official.

D.

Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any wall, building, or part thereof declared to be unsafe by the Superintendent of Building Inspection.

(Prior code § 153.257; Ord. 322-1976)