§ 153.208 NONCONFORMING STRUCTURES USED FOR A PERMITTED USE.
   Where a lawful structure exists at the time of passage or amendment of this chapter that could not be built under the terms of this chapter or an amendment by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
   (A)   The structure may be enlarged, repaired or structurally altered, provided that no enlargement, repair or alteration shall either create an additional nonconformity or increase the extent of any existing nonconformity.
   (B)   If the nonconforming structure is located in any district other than Districts R-1, R-2, R-3 and R-4 and is damaged or destroyed by any means to an extent of more than 75% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the regulations for the district in which it is located.
   (C)   If the nonconforming structure is located in Districts R-1, R-2, R-3 or R-4 and is damaged or destroyed to an extent of more than 75% of its replacement cost at the time of its destruction, by any means not within the control of the owner thereof, such as fire, flood, earthquake, tornado or other acts of God, it may be reconstructed to the same size and location as was existing prior to the damage or destruction; provided, however, that the structure was lawfully existing at the time of its construction and no repair, restoration or reconstruction shall be made that would create an additional nonconformity or increase the extent of any nonconformity existing at the time of destruction.
(Ord. 577, passed 4-14-1969; Ord. 946, passed 10-11-2005)