§ 1323.03 REPLACING/RESTORING NON-CONFORMING USE, BUILDING OR STRUCTURE.
   (a)   In the event that 50% or more of the existing floor area or use of land occupied by a non-conforming use is voluntarily razed, legally condemned or destroyed by fire, explosion or flood, it may not be restored, reconstructed or used as before, except in strict compliance with the zoning regulations of the zoning district in which it is situated, unless special exception approval is granted for such use or activity.
   (b)   In the event that less than 50% of the existing floor area or use of land occupied by a non-conforming use is voluntarily razed, legally condemned or destroyed by fire, explosion, flood or other phenomenon, it may not be restored, reconstructed or used as before unless such restoration, reconstruction or use commences within one year from the date of the damage.
   (c)   In any case, an existing lawful single-family dwelling (such as a single-family attached dwelling) may be reconstructed or replaced with a new single-family dwelling as a permitted by right use; provided, the new dwelling is not more non-conforming in any measure than the existing dwelling. In such case, the construction shall be started within 12 months after the existing dwelling was damaged, destroyed or demolished.
(Ord. 6192, approved 7-21-2011)