1290.05  NON-CONFORMING STRUCTURES.
   (a)   Maintenance and Repair.  Routine maintenance and repair of non-conforming structures shall be permitted.  Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, on order of such official.
      (1)   Principal building.  If a non-conforming structure, or use thereof, is damaged by fire or other causes to the extent of less than sixty percent of its replacement value at the time of the damage, then such non-conforming structure may be restored, repaired, or reconstructed and used as before the time of damage, provided that a building permit is obtained and work is commenced within six months of the date of damage.  All work must be completed within eighteen months of the date of the damage. The repaired structure, when completed, shall not increase the size or change the location from the previously existing structure.  If the damage or destruction to said structure is to the extent of sixty percent or more of its replacement value at the time of destruction or damage, it shall not be restored except in conformity with the regulations of the district in which the structure is situated.
      (2)   Accessory structure. Any accessory structure, except a sign (which is regulated by Section 1290.06), existing on or before the effective date of this Zoning Code and which does not conform to the provisions of this Zoning Code for the district in which it is located, and which has been or may hereafter be damaged by fire or other causes to the extent of less than sixty percent of its replacement value at the time of damage may be restored, repaired or reconstructed and used as before the time of damage, provided that such structure, when completed, will not differ in location or size from the previously existing structure (except to the extent that such difference may be in greater conformity with this Zoning Code) and provided that a building permit is obtained and work is commenced within six months of the date of damage. All work must be completed within eighteen months of the date of the damage. If the damage or destruction to said structure is to the extent of sixty percent or more of its replacement value at the time of destruction or damage, it shall not be restored except in conformity with the regulations of the district in which the structure is situated.
      (3)   One-family or two-family residential dwelling.  If a non-conforming one-family or two-family residential dwelling is destroyed or damaged, in whole or in part, as a result of fire or other causes, then such non-conforming residential dwelling may be restored, repaired, or reconstructed and used as before the time of damage, provided that a building permit is obtained and work is commenced within six months of the date of damage. All work must be completed within eighteen months of the date of the damage. The repaired structure, when completed, shall not differ in location or size from the previously existing structure.
   (c)   Completion. Any partially completed building or structure, the actual construction of which has commenced on or before the effective date of this Zoning Code, which building or its intended use, when completed, would not conform to the provisions of this Zoning Code for the district in which it is located, may be completed and used as a non-conforming use only for the purpose for which it was originally designed and approved, provided that the building is completed and/or put to use within two years after the adoption of this Zoning Code.
   (d)   Alteration.  Except as provided in Section 1290.03(c), no non-conforming structure shall be extended or enlarged.  Should such structure be moved for any reason, for any distance whatever, it shall thereafter conform to the yard and location regulations for the district in which it is located after it is moved.
(Ord. 104-2010.  Passed 11-22-10.)