§ 2-149. Removal or destruction of nonconforming building, structure, or use.

(a)

When any building or structure having nonconforming status or containing a nonconforming use is removed from the premises or destroyed to an extent equal to or exceeding 50 percent of the previously existing floor area, the nonconforming status applying to said building, structure and/or premises shall cease, and both the use of the premises and any building or structure erected or maintained thereon shall thereafter conform in all respects to the regulations and requirements of this Land Development Code.

(b)

In the event any nonconforming building or structure used exclusively as a personal residence or as a home-business combination is destroyed by an unforeseen event such as fire, flood, or other manmade or natural disaster, such nonconforming personal residence may be reconstructed as a personal residence notwithstanding the limitations set forth in subsection (a) of this section; provided, however, that such building reconstruction meets all other applicable building code provisions of the city, or state and federal authorities. The provisions of this subsection shall apply to affected property owners and their successors in interest.

(Ord. No. 05-536, § 301.45, 12-20-2005)