A. Normal maintenance, repair, replacement, improvement, and restoration of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not expand, extend, or intensify the nonconforming use unless otherwise allowed by this code.
B. Nothing in this title shall prevent the placing of a structure in safe condition when the building official declares said structure unsafe.
C. Whenever a lawful nonconforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, act of nature or similar occasion, it may be reconstructed and used as before if it is reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is fifty percent (50%) or more of its fair market value as estimated by the building official and approved by the council, in which case, the reconstruction shall be for a use in accordance with the provisions of this title, except that where a structure is damaged more than fifty percent (50%) of its fair market value and no building permit has been applied for within one hundred eighty (180) days of when the property is damaged, the owner may apply for a special permit for approval to reconstruct a nonconforming structure for its use prior to the damage. When the council grants such special use permit, the council may impose such conditions upon the permit as deemed necessary to mitigate any newly created impact on adjacent property or to protect public health, safety or welfare. (Ord. 1198, 11-9-2009)