Skip to code content (skip section selection)
Compare to:
   10.1.6   Damage or Destruction
   If a nonconforming use, structure containing a nonconforming use, nonconforming structure, or nonconforming sign is destroyed by any means to an extent greater than fifty (50) percent of its replacement cost at the time of destruction, then such use, structure, or sign shall not be re-established unless it is made to conform to the requirements of this Ordinance, except as provided below.
      (A)   Exception for Setbacks for Detached Dwellings
         If destroyed by any means to an extent greater than fifty (50) percent of its replacement cost at the time of destruction, detached dwellings with setbacks made nonconforming by either of the following shall be required to meet the lesser of current required building setbacks or building setbacks that were required at the time of development plan approval:
         (a)   the installation of roadways or other easements/property line adjustments created or enacted by a governmental entity,
         (b)   a change to the street classification in the Comprehensive Transportation Plan that increases the width of the right-of-way from which the setback is measured.