Section 29-29 Completion and restoration of existing buildings.


    (a) Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, and plans for which are on file with the director of community development at the time of the passage of Ordinance No. 9958 and the construction of which, in either case, shall have been diligently prosecuted within one year of the date of such permit; and the ground story framework of which, including the second tier of beams, shall have been completed within such year, and which entire building shall be completed according to such plans, as filed, within two (2) years from the date of passage of Ordinance No. 9958.

    (b) Nothing in this article shall prevent the restoration of a nonconforming building partly destroyed by fire, explosion, act of God, or act of the public enemy, subsequent to the passage of this chapter or prevent the continuance of the use of such building or part thereof, as such use existed at the time of such destruction of such buildings or part thereof, or prevent a change of such existing use under the limitations provided herein, provided such building is not destroyed to the extent of more than seventy-five (75) per cent of its reasonable valuation, exclusive of foundations. This chapter shall prevent the restoration of such nonconforming building so damaged for more than seventy-five (75) per cent of the reasonable valuation, and shall prevent the continuance of the use of such building or part thereof as such use existed at the time of such damage, and shall prevent a change of such existing use under the limitations provided by this chapter.

    (c) The provisions of this chapter shall not apply to prevent the extension of any building, existing in any district at the time of annexation, or the adoption of Ordinance No. 9958, to the height which the walls, foundation and framework of such existing building originally were intended, designed and constructed to carry; provided that the actual construction of the extensions in height permitted by this paragraph shall have been duly commenced within ten (10) years from the date of the adoption of Ordinance No. 9958.

(Code 1964, § 19.240; Ord. No. 9958, § 1, 10-3-83; Ord. No. 21095, § 13, 9-19-11)


(Ord. 21095, Amended, 09/19/2011, Prior Text)