Any non-conforming structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued, so long as it remains otherwise lawful, subject to the restrictions in this Article.

Any such structure described in Subsection (A) may be maintained, repaired or remodeled, provided however, that no such maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure. Nothing in this Zoning Code shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, where such restoration will not be in violation of this Section.

If any non-conforming structure or any structure devoted in whole or in part to a non-conforming use is damaged or, becomes extensively deteriorated or, is destroyed by any means to an extent greater than fifty percent (50%) of its then current fair market value, such structure shall not be restored except in conformity with all applicable provisions of this Chapter including the regulations of the zoning district in which the building is situated. However, such structure may be restored if the Board of Adjustment finds a compelling public necessity requiring the continuance of the non-conformity. When a structure, the use of which does not conform to the provisions of this Chapter, is damaged or, becomes extensively deteriorated or, is destroyed by any means to an extent of more than twenty-five percent (25%) but less than fifty percent (50%) of its then current fair market value, it may only be restored on the issuance of a permit by the Building Official with the approval of the Board of Aldermen. If such damage is twenty-five percent (25%) or less of its fair market value, then restoration may be made as otherwise provided by all applicable ordinances of the City.

The normal maintenance and repair or the replacement, installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring or plumbing may be performed on any structure that is devoted in whole or in part to a non-conforming use. Neither this nor any other provision of this Chapter shall be interpreted to authorize any increase in the size or degree of the non-conforming use or any violation of the provisions of any other Sections of this Division.

Nothing in this Chapter shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, where such restoration will not be in violation of Sections 400.3180 and 400.3190.

In addition to the provisions of Section 400.1840 regulating setbacks, the following regulations shall apply to those non-conformities located within prescribed setback lines from the rights-of-way of public or approved private streets and highways.