The lawful use of any building, structure or land existing at the time of the enactment of this subchapter may be continued, although such use does not conform with the provisions of this subchapter; provided, the following conditions are met.
(A) Unsafe structure. Nothing in this subchapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
(B) Restoration. Nothing in this subchapter shall prevent the reconstruction, repairing, rebuilding and continued use of any non-conforming building or structure damaged by fire, collapse, explosion or Acts of God, subsequent to the date of this subchapter, wherein the expense of such work does not exceed 40% of the replacement value of the building or structure at the time such damage occurred.
(C) Wear and tear. Nothing in this subchapter shall prevent the reconstruction, repairing or rebuilding of a conforming building, structure or part thereof existing at the effective date of this subchapter, rendered necessary by wear and tear, deterioration or depreciation.
(D) Unlawful use not authorized. Nothing in this subchapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulation in effect at the time of the effective date of this subchapter.
(Ord. 96-9-4, passed 9-16-1996)