§ 168.03-05  Reconstruction after Damage.
   (A)   More than 50% of pre-damaged market value. In the event a nonconforming structure is damaged or destroyed, by any means, to the extent of 50% of its market value prior to such destruction, such structure shall not be restored unless in conformance with the standards for the zoning district in which it is located except that structures legally permitted prior to March 1, 2019 which are situated 15 feet of less from the OCRM critical line shall be allowed a ten-foot setback from the OCRM critical line. The footprint of any structure restored under this exemption may not be enlarged in such a manner that the area of the footprint within the 15-foot setback from the OCRM critical line or the total square footage of the structure is larger than its pre-damaged state.
   (B)   Less than 50% of pre-damaged market value. Except for homes exceeding the maximum square footage in § 166.05-03, Single- and Two-Family Residential Design Standards, a nonconforming structure that is damaged or destroyed, by any means, to an extent of less than 50% of its market value prior to such damage or destruction, it may be restored to its pre-damaged state provided reconstruction is initiated within 12 months and provided the reconstruction complies with all other city ordinances as well as all state and federal laws.
   (C)   Homes exceeding maximum square footage.  An existing home exceeding the maximum square footage in § 166.05-03, Single- and Two-Family Residential Design Standards, damaged to an extent beyond 50% of its pre-damaged market value shall be reconstructed in accordance with the size limitations in this ZDO. A special exception permit (See § 163.03-03) shall be required to reconstruct the home to its original square footage.
(Ord. 05-10, passed 3-23-10; Am. Ord. 05-14, passed 3-11-14; Am. Ord. 14-19, passed 4-9-19)