Where a lawful Structure exists at the effective date* of adoption or amendment of this Ordinance that could not be built by reason of restrictions on area, Lot Coverage, height, Yards, its location on the Lot, bulk, or other requirements concerning the Structure, such Structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. Destruction of or Damage to the Structure.
1. Should such nonconforming Structure or nonconforming portion of Structure be totally destroyed by any means, it shall not be reconstructed except in conformity with the provisions of this Ordinance.
2. Should any nonconforming Structure or nonconforming portion of a Structure be damaged by any means (e.g., fire, windstorm, flood) to an extent that repair and restoration costs equal or exceed 50% of the assessed value of the Structure (for real estate tax purposes according to the records of the County Assessor) at the time of said damage, then such Structure shall not be repaired, restored, or reconstructed, except in conformity with the provisions of this Ordinance.
3. Should any nonconforming Structure or nonconforming portion of a Structure be damaged by any means (e.g., fire, windstorm, flood) to an extent that repair and restoration costs are less than 50% of the assessed value of the Structure (for real estate tax purposes according to the records of the County Assessor), then the Structure may be reconstructed or restored to its predamaged, nonconforming configuration, provided all of the following conditions are met:
a. All reconstruction, restoration, and repair work must be completed and given final inspection by the Building Inspector within one (1) year from the date the damage occurred, or else the Structure will lose its status as a legal, nonconforming Structure;
b. The cubic volume of the Structure and the square footage of floor space shall not be increased from the predamaged sizes;
c. Bearing walls shall be reconstructed in their original locations, unless the current Building Code requires a safer placement of bearing walls;
d. All reconstruction, restoration, and repair work shall be done according to the current Building Code, Fire Code, Life Safety Code, and other applicable codes adopted elsewhere in this City Code, meaning that, in some cases, restoration of the damaged portions may require rewiring of the entire Structure to conform to the State Electrical Code, or that restoration of an exterior wall may require installation of a larger window or installation of a door where one did not exist before in order to comply with the Life Safety Code or Fire Code; and,
e. The architectural style of the reconstruction shall match, as closely as possible, that of the nondamaged portion of the Structure.
B. Movement of the Structure. Should such Structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for this District in which it is located after it is moved.
[§ 7A-450, amended by Ord. No. 90-1, effective May 18, 1990. amended by Ord. No. 07-02, effective March 1, 2007.]
[*Clerk’s note: References in the text of the Code to “...the effective date of this Ordinance...” or to “...the effective date of the Zoning Ordinance...” are references to Ord. No. 900 which was effective July 25, 1979.]