(A) In the event that a building or other structure containing a non-conforming use is damaged or destroyed by fire or act of God, to an extent of:
(1) Not more than 50% of its replacement value, the building or structure may be restored only to its original condition and floor area and the occupancy of use is such building may be continued which existed at the time of such partial destruction;
(2) More than 50%, but less than 75%, of its replacement value, the buildings or structures may be restored only to its original condition and floor area and the occupancy or use of such building may be continued which existed at the time of such partial destruction only if an approved special use permit is applied for and secured from the village in accordance with the provisions of §§ 155.105 through 155.113 of this chapter; and
(3) More than 75% of its replacement value, the building or structure may be rebuilt and used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located.
(B) When the provisions of divisions (A)(1) or (A)(2) above are applicable, the restoration or repair of the building or other structures must be started within a period of six months from the date of damage or destruction and diligently pursued to completion. Failure to exercise the options herein provided within the time specified shall be considered a voluntary abandonment and buildings and structures may be rebuilt and used thereafter only for a conforming use and in compliance with provisions of the district in which it is located.
(Ord. 07-O-01, passed - -2007)