Reconstruction of destroyed, damaged nonconforming buildings and structures.
(a)
Damage of 50 percent or less. Nothing in this chapter shall prevent restoration of a nonconforming building or structure destroyed to the extent of 50 percent or less of its replacement cost by fire, explosion or other casualty, act of God or public enemy, or the continued occupancy or use of such a building or structure or part thereof which lawfully existed at the time of such partial destruction, provided however that nonconforming restoration of any nonconforming building or structure partially destroyed shall be begun within one year and completed within two years of the damages. A nonconforming building or structure damaged to the extent of 50 percent or less of its replacement cost must be reconstructed in conformance with all applicable requirements of the zoning district in which it is located if restoration is not begun within one year and completed within two years of the damages.
(b)
Damage greater than 50 percent. Whenever a nonconforming building or structure is damaged in excess of 50 percent of its replacement cost at that time, the repair or reconstruction of such building or structure shall conform to all the regulations of the zoning district in which it is located, and shall be treated as a new building or structure.
(Ord. No. 929, § 12, 1-20-2005)
Reconstruction of destroyed, damaged nonconforming buildings and structures.
(a)
Damage of 50 percent or less. Nothing in this chapter shall prevent restoration of a nonconforming building or structure destroyed to the extent of 50 percent or less of its replacement cost by fire, explosion or other casualty, act of God or public enemy, or the continued occupancy or use of such a building or structure or part thereof which lawfully existed at the time of such partial destruction, provided however that nonconforming restoration of any nonconforming building or structure partially destroyed shall be begun within one year and completed within two years of the damages. A nonconforming building or structure damaged to the extent of 50 percent or less of its replacement cost must be reconstructed in conformance with all applicable requirements of the zoning district in which it is located if restoration is not begun within one year and completed within two years of the damages.
(b)
Damage greater than 50 percent. Whenever a nonconforming building or structure is damaged in excess of 50 percent of its replacement cost at that time, the repair or reconstruction of such building or structure shall conform to all the regulations of the zoning district in which it is located, and shall be treated as a new building or structure.
(Ord. No. 929, § 12, 1-20-2005)