(a) Any legal, pre-existing nonconforming structure damaged by fire, flood, explosion, or other disaster event may be reconstructed and used as before, so long as the structure is damaged no more than fifty percent (50%) of appraisal value prior to incurring damage, exclusive of foundations, determined at owner's expense. The appraisal value shall not be determined by tax assessment. An application to the Board of Zoning Appeals for permission to reconstruct a damaged or destroyed structure must be filed prior to undertaking the repairs, otherwise any structure shall conform to and be in accordance with all applicable rules, regulations, and requirements of the particular district as provided in this code.
(1) The reconstructed structure shall not exceed the height, area, or volume of the original structure; and
(2) Reconstruction shall be commenced within one (1) year from the date the structure was destroyed or condemned and shall be carried on without interruption.
(b) If any building occupied by a nonconforming use is damaged more than fifty percent (50%) of its appraisal value exclusive of foundations, such building must conform to this code upon reconstruction.
(c) The extension of a lawful use to any portion of a nonconforming structure shall not be deemed the extension of a nonconforming use.
(Ord. 785. Passed 9-16-19.)