1129.06 REPLACING DAMAGED BUILDINGS.

   (a)    Any nonconforming building or structure, with the exception of dwellings as provided in subsection (b) herein, damaged more than fifty percent (50%) of its then fair market value, exclusive of foundations, shall not be restored or reconstructed, used or occupied as a nonconforming use.

   If such damage amounts to fifty percent (50%) or less of such fair market value, the nonconforming building or structure may be restored, provided that such restoration does not exceed sixty percent (60%) of the value of the building shown on the tax duplicate of Cuyahoga County at the time of the first expenditure for such construction, and provided further that such restoration begins within six months of the date of the damage.

   (b)    Any single-family dwelling that is damaged or destroyed in any way and to any extent may be restored or reconstructed using at a minimum the minimum living area, lot frontage, lot depth and lot area of the dwelling that existed prior to such damage even if the same would not be conforming under the then current requirements of this Zoning Code, provided that such restoration or reconstruction begins within six months from the time of the damage.

(Ord. 91-219. Passed 3-3-92.)