Where a lawful building exists at the effective date of adoption or amendment of this Zoning Code that could not be built under the terms of this Zoning Code by reason of dimensional regulations, the building may be continued so long as it remains otherwise lawful, subject to the following:
(a) A building may be enlarged or altered in a way which does not increase its non-conformity. For the purposes of this Zoning Code, increasing the height of a structure with a non-conforming setback is considered increasing the non-conformity, and is not permitted.
(b) A non-conforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate fifty percent of the assessed value of the building unless such building is changed to a conforming use.
(c) Restoration of Damaged Buildings.
(1) The reconstruction, repair, rebuilding, or continued use of any non-conforming building damaged by fire, collapse, explosion, or act of God wherein the expense of such reconstruction does not exceed the assessed valuation of the building at the time such damage occurred is permitted, provided there is no increase to its non-conformity. However, every effort shall be made to rebuild or repair such non-conforming building in complete conformity with this Zoning Code.
(2) When any non-conforming building is destroyed by any means to the extent of more than the assessed valuation, said structure or use cannot be rebuilt, restored, or reoccupied for any purpose except in conformity with the provisions of this Zoning Code.
(d) Non-conforming single-family residential structures are exempt from this section. However, application for rebuilding must be made within one year from the date of damage or destruction.
(Ord. 2023-01. Passed 2-7-23.)