All single-family residential dwellings in existence at the time of the adoption of this section that are located in nonresidential zoning districts shall be considered as permitted uses for structures and land use in all zoning districts, and shall remain as permitted uses until such time as such a structure is damaged, destroyed, altered or removed beyond fifty percent of the structure's appraised value at the time of such damage, destruction, alteration or removal, or until the structure is voluntarily changed to a conforming use for the zoning district in which the single-family dwelling is located. Once a single-family residential dwelling located in a nonresidential zoning district is used for something other than a single-family residential dwelling, it shall not be used as a single-family residential dwelling again. Notwithstanding anything to the contrary in the first sentence of this section, a single-family dwelling located in a nonresidential zoning district that is damaged, destroyed, altered or removed beyond fifty percent of its appraised value at the time of such damage, destruction, alteration or removal may be rebuilt with the prior aproval of the Board of Zoning Appeals. The Board shall grant such approval if, but only if, the Board finds that: there are other residential dwellings currently in use within 300 feet of the damaged, destroyed, altered or removed dwelling; the adjoining properties will not be adversely affected by such rebuilding; and the continued use of the damaged, destroyed, altered or removed dwelling (after its rebuilding) for single-family residential purposes will not be detrimental to the health or safety of the residents of the City, including the residents of the dwelling that was damaged, destroyed, altered or removed.
(Ord. 00-3. Passed 5-1-00.)