[Code 1975, § 39-104; Code 1992, § 32-432; 10-10-2005 by Ord. No. 1253; 1-23-2006 by Ord. No. 1257; 10-22-2007 by Ord. No. 1280; 10-24-2016 by Ord. No. 16-005]
Nothing in this chapter shall prevent the reconstruction, repair, or restoration and the continued use of any nonconforming building or structure damaged by fire, collapse, explosion, acts of God or acts of public enemy, subsequent to the effective date of the ordinance from which this chapter is derived, wherein the expense of such reconstruction does not exceed 50% of the state equalized valuation of the entire building or structure at the time such damage occurred, provided that such restoration and resumption shall take place within six months of the time of such damage and that it be completed within one year from time of such damage and provided, further, that such use be identical with the nonconforming use permitted and in effect directly preceding such damage. In cases where the damage exceeds 50% of the state equalized value (SEV) of the entire building, a single-family dwelling which was built on a nonconforming lot of record may be reconstructed if it is in a zone which allows single-family dwellings and if it is rebuilt within the same footprint and dimensions of the original dwelling and will remain as a single-family home. A multifamily home must be rebuilt according to the current zoning requirements. If the lot is not buildable, a single-family home could be constructed to the same footprint of the multifamily home. The footprint may need to be adjusted to accommodate for required parking on the site. If possible required yard setbacks shall be applied. Appropriate permits and approvals must be obtained prior to reconstruction. All other nonconforming buildings or structures must conform to the appropriate zoning regulations prior to obtaining a permit for reconstruction. Where pending insurance claims require an extension of time, the Chief Inspector may grant a time extension, provided that the property owner submit a certification from the insurance company attesting to the delay. Until such time as the debris from the fire damage is fully removed, the premises shall be adequately fenced or screened from access by children who may be attracted to the premises.
Any structure, which is nonconforming to the current Zoning Ordinance, that is not intentionally destroyed over 50% of its SEV, can be rebuilt to the plan that was approved by the City at the initial time of construction, if the City has an approved building permit or site plan on file or if the property owner has record of said permit or plan that was approved by the City. A zoning variance would be required to rebuild any other nonconforming structure destroyed over 50% of its SEV.