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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 intensity or size or lot coverage or height or bulk or setback, or other requirements concerning the structure, that structure may be continued so long as it remains otherwise lawful, and shall be subject to the following provisions:
(A) No nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;
(B) Any building or structure containing a nonconforming use or maintaining a physical nonconforming status as to height, building setback, exterior materials, or otherwise, which is damaged by explosion, fire, flood, wind or other act of God to the extent of 50% or more of its fair market value immediately prior to such damage, shall not be repaired or reconstructed except in conformity with the provisions of this Zoning Code. In the event that the Zoning Enforcement Officer's estimate of the extent of damage or fair market value is not acceptable to the applicant for the zoning permit to repair or reconstruct such building or structure, the applicant may appeal to the Board of Zoning Appeals except as provided below:
(1) Legal nonconforming residential dwelling structures damaged in excess of 50% of their fair market value as described in division (B) of this section shall be permitted to be rebuilt as the same category of dwelling type (i.e. a single-family dwelling may not be rebuilt as a multiple family dwelling).
(2) Any rebuilt residential dwelling structure shall not exceed the original dwelling's total livable and non-livable square footage area nor exceed the original structure height.
(3) Any rebuilt residential dwelling structure shall not encroach beyond the original building setbacks.
(C) When a nonconforming use qualifies for reconstruction through damage, a building permit shall be secured for that purpose and reconstruction shall be diligently completed without delay. Failure to reconstruct within 15 months of the damage revokes the right to the nonconforming use and the premises shall conform thereafter to the established district regulations.
(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 moved.
('91 Code, § 153.198) (Ord. 1910-1954, passed 10-21-54; Am. Ord. passed 4-20-78; Am. Ord. 09-3306, passed 10-15-09; Am. Ord. 10-3318, passed 6-3-10) Penalty, see § 153.999