Except for as provided herein, no building that has been damaged by fire, explosion, act of God or the public enemy, shall be restored, except in conformity with this Zoning Code.
(a) Restoration can occur if the replacement or repair costs do not exceed the current year’s assessed value contained in the City of Battle Creek assessing records.
(b) In situations where a legal nonconforming residential building has not intentionally been damaged or destroyed to an extent exceeding the current year’s assessed value and the damaged residential building is within a 300 foot radius comprised of at least 50% of other nonconforming residential properties, the residential unit may be repaired, rebuilt or replaced within twelve months of such damage or destruction, provided that such repairs or rebuilding or replacement does not expand more than 25% of the original ground floor area of the residential use or building so long as the expansion meets all other zoning requirements and the following standards:
(1) The change will maintain the building in safe repair.
(2) The change will protect public health, safety, and welfare.
(3) The change will lead to increased compliance with the specified zoning district.
(4) The change will produce an accessory dwelling unit or building that is incidental to the existing building.
(Ord. 10-2020.Passed 11-24-20.)