(A) A nonconforming building, as defined in this chapter, shall not be enlarged, nor shall it be structurally altered, unless the enlargement or alteration is otherwise in conformance with all applicable standards of the district in which it is located, or to provide for continued safe use of the structure as determined by the Building Official.
(B) Nonstructural repair or remodeling of a nonconforming building is permitted provided that the degree of nonconformity is not increased.
(C) A nonconforming building shall not be repaired, restored or reconstructed if it is destroyed or damaged above its foundation to such an extent that the cost to restore the structure to its condition prior to the damage exceeds 60% of its assessed value for tax purposes, exclusive of the value of the foundation.
(1) If the building can be repaired, restored or reconstructed at a cost of less than 60% of its assessed value, it may then continue to be used as before.
(2) The repair, restoration or reconstruction must be completed within 12 months of the damaging event.
(D) When a nonconforming building is in the process of construction (all foundation forms being in place) or in the process of alteration or repair (all materials having been delivered) on the date that the premises is annexed into the city limits, the construction, alteration or repair may be continued upon issuance of a building permit. The construction, alteration or repair shall be completed within 12 months of annexation.
(Ord. 08-347, passed - -2008)