1264.06   ALTERATIONS, REPAIRS AND MAINTENANCE.
   (a)   Repairs and Maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs or on repair or replacement of non-loadbearing walls, fixtures, wiring or plumbing to an extent not exceeding 100 percent of the assessed value of the building as determined by the Assessor, provided that the cubic content of the building as it existed at the time of passage or amendment of this Zoning Code shall not be increased.
   (b)   Alterations That Decrease Nonconformity. Any nonconforming structure or any structure or portion thereof containing a nonconforming use may be altered if such alterations serve to decrease the nonconforming nature of the structure or use. The Board of Zoning Appeals shall determine if a proposed alteration will decrease the nonconforming nature of the structure or use.
   (c)   Protecting Public Safety. Repairs or maintenance deemed by the Building Official as necessary to keep a nonconforming building structurally safe and sound are permitted. However, if a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of maintenance and repairs and is declared as such by the Building Official, it shall not thereafter be restored, repaired, or rebuilt except in full conformity with the regulations in the district in which is located.
(Ord. 97-45.  Passed 3-17-97.)