Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) No like structure may be enlarged or altered in a way which increases its nonconformity;
(B) Should the structure be destroyed by any means to an extent of more than 65% of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this chapter, provided that the restoration or repairing shall have commenced and is diligently prosecuted within 1 year after the date of destruction;
(C) Non-conforming single-family residential structures are exempt from this section; however, application for rebuilding shall be made within 1 year from the date of damage or destruction; and
(D) Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is removed.
(Ord. 99, passed 11-18-1996, § 23.04; Am. Ord. 125, passed 10-18-1999) Penalty, see § 153.999