If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, act of God or other cause, it may not be rebuilt except in conformance to the provisions of this article, unless permitted by the zoning board of adjustment, taking into consideration the property owner's circumstances and the effect on surrounding properties, after a public hearing with notice provided in accordance with section
42-82(c) [42-95(c)] for appeals before the zoning board of adjustment. The zoning board of adjustment may provide restrictions on such rebuilding. Such nonconforming use or structure may be rebuilt without such permission if such destruction does not exceed 50 percent of its reasonable value so long as permits for such rebuilding are obtained within six months of such destruction, and the size and function of the nonconforming use are not expanded.
(Ordinance 2005-009, sec. 31.6, adopted 3/21/2005; Ordinance 2012-026, sec. 1, adopted 9/17/2012)