Where a lawful structure exists at the time of the effective date of this chapter or any amendment hereto that could not be built under the terms of this chapter because of regulations on building size, lot coverage, height, yard requirements or similar dimensional requirements, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, except with the approval of the Board of Zoning Appeals or Design Review Committee, but any structure or portion thereof may be altered to decrease its non-conformity.
(B) Non-conforming structure which has been damaged by fire, explosion, act of God or the public enemy less than 50% of its fair market value may be repaired or reconstructed, and used as before the time of the damage; provided such repairs or reconstruction are started with in one year of the date of such damage and completed within two years. If repair or reconstruction is not started within the one-year period, then it shall not be restored except in conformity with the development regulations of the district in which it is located. Any structure damaged greater than 50% of its fair market value shall not be reconstructed except in conformance with the development requirements of the district which it is located, including, but not limited to, the flood damage reduction ordinance, the historic preservation ordinance and off-street parking requirements, except with the approval of the Board of Zoning Appeals or Design Review Committee.
(C) Should a non-conforming structure, for any reason, be moved, demolished, repaired or restored in an amount greater than 50% of its fair market value, it shall thereafter conform with all of the development and use regulations of the district in which it is located, including, but not limited to, the flood damage reduction ordinance, the historic preservation ordinance and off-street parking requirements, except with the approval of the Board of Zoning Appeals or Design Review Committee.
(Prior Code, § 27.06.02.01) Penalty, see § 153.999