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In the case of substantial improvement, a nonconforming use must be brought in to compliance with all current applicable zoning regulations. This section shall not apply to structures housing a nonconforming use in the RMF, DC, or IC Districts except those structures which do not meet current flood elevation.
(A) Substantial improvement is defined as any combination of repairs, reconstruction, alteration or improvements to a building, taking place during a ten-year period, in which the cumulative cost equals or exceeds 50% of the market value of the building prior to the first instance of repairs, reconstruction, alteration or improvements.
(B) The market value of the building must be provided by an appraiser certified by the state prior to the start of the initial repair or improvement. For improvements being made after damage, the market value shall be the value of the building prior to the damage occurring.
(C) The value of minor repairs and normal maintenance as defined in § 168.01-04, Minor Repairs and Normal Maintenance, shall not be used in a determination of substantial improvement.
(D) The ten year period shall not be waived in the event repairs, reconstruction, alteration, or improvements to a building are required as an act of God, natural disaster or other actions beyond the control of the property owner.
(Ord. 21-13, passed 1-14-14; Am. Ord. 08-21, passed 5-11-21)