A. Nothing contained herein shall require any change in the construction or alteration of any structure, if the construction or alteration of such was begun prior to the effective date of this chapter, and if such is diligently prosecuted.
B. Because of the special nature of this district with its unique purpose and justification, the owner of any preexisting permitted use which, as a result of fire, explosion, or other casualty, is damaged or destroyed, shall be allowed to rebuild, reconstruct or rehabilitate the same preexisting permitted use of the same parcel, provided all of the following requirements are met:
1. The preexisting permitted use complies with the height limitation imposed by this chapter, and a statement showing such compliance is signed by the department prior to any rebuilding, reconstruction, or rehabilitation.
2. The preexisting permitted use shall not be rebuilt, reconstructed, or rehabilitated unless it conforms to the size, location, and use that existed immediately prior to its destruction or damage.
C. Because of the special nature of this district with its unique purpose and justification, any preexisting permitted use, as described in this section, may be expanded, altered, or otherwise enlarged as long as all of the following requirements are met:
1. The expansion, alteration, or enlargement meets the requirements of height limitation zoning, and a statement showing such compliance is signed by the department prior to the expansion, alteration, or enlargement.
2. The expansion, alteration, or enlargement in no way increases or creates any hazard within the airspace required for the flight of aircraft in landing or taking off, or creates or increases any potential hazard to any persons on the ground.
3. The expansion, alteration, or enlargement shall not exceed twenty five percent (25%) of the gross floor area of the structure in existence as of the effective date hereof. (Ord. 2007-11, 8-6-2007)