Section 29-29 Completion and restoration of existing buildings.
Prior to the adoption of Ord. 21095 on 09/19/2011, Section 29-29 read as follows.
(a) Nothing contained in this chapter shall require any change in the plans,
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
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
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
(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)