(A)
Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or a structure which does not comply with the standards of coverage, floor area, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located, is destroyed by fire or other calamity, or by act of God or by the public enemy, to the extent of 50 percent or less, as defined in § 17.016.040(B), the structure may be restored and the non-conforming use may be resumed, provided that restoration is started within one year, or other time period required by law, and diligently pursued to completion.
(B) (1) Whenever a structure, the use of which does not conform with the regulations for the district in which it is located, or structure which does not comply with the standards of coverage, floor area, front yard, side yards, rear yard, height of structures or distances between structures prescribed in the regulations for the district in which the structure is located, is destroyed by fire or other calamity, or by act of God or by the public enemy, to a greater extent than 50 percent as defined in § 17.016.040(B), or is voluntarily razed or required by law to be razed, the structure shall not be restored in a manner that would increase the non-conformity relative to the previously existing structure and the restoration must be in conformity with the requirements of Title 17, the Zoning Ordinance, to the greatest extent possible.
(2) Any discrepancy relative to conformity requires the approval by the Planning Commission.
(3) Evidence of the status of the previously existing structure shall be based on floor plans of record retained at the Fairfax Department of Planning and Building Services or other evidence reviewed and approved by the Director of the Department of Planning and Building Services.
(Prior Code, § 17.10.070) (Ord. 352, passed - -1973; Am. Ord. 486, passed - -1981; Am. Ord. 696, passed 9-3-2002; Am. Ord. 832, passed 6-5-2019)