(A) Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding of a nonconforming building, structure or part thereof existing at the effective date of this chapter, rendered necessary by wear and tear, deterioration or depreciation, provided the cost of the work shall not exceed 50% of the replacement value of the building or structure at the time the work is done, nor prevent compliance with the provisions of the City Building Code or City Housing Code relative to the maintenance of buildings or structures; provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(B) Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged by flood, fire, collapse, explosion, or Acts of God, subsequent to the date of this chapter, wherein the expense of the work does not exceed 50% of the replacement cost of the building or structure at the time the damage occurred. However, the Board of Adjustment may issue a conditional use permit for reconstruction it the use is located outside the floodway and, upon reconstruction, is adequately floodproofed, elevated, or otherwise protected in conformity with Chapter 153, Floodplain Management.
(Ord. 221, passed 11-6-1995) Penalty, see § 10.99