Any structure which does not comply with one or more of the applicable district height, bulk and density regulations or off-street parking requirements either on date of enactment of this chapter or as a result of any subsequent amendments to this subchapter shall be a provision of this subchapter.
(A) Continuance of non-complying structures. The use of a non-complying structure may be continued subject to provisions of this subchapter.
(1) Maintenance, repairs. Nothing in this subchapter shall be interpreted to prevent normal maintenance and repair when necessary in the interest of public health, safety or appearance.
(2) Enlargement. A non-complying structure shall not be enlarged in any way which would either:
(a) Create a new non-compliance; or
(b) Increase the degree of non-compliance with respect to bulk regulations and off-street parking requirements.
(B) Replacing damage buildings. Any non-complying building or structure damaged more than 60% of its then fair market value (as determined by an insurance company’s appraiser) by fire, collapse, explosion or acts of God shall not be restored or reconstructed in any non-complying form; except that, such building may be rebuilt but not to exceed its original non-conformity. If damage is less than 60%, it may be reconstructed as before; provided that, a building permit is issued within six months.
(Ord. 8, passed 10-23-1987, § 12.07)