A. A nonconforming structure that is damaged or destroyed by fire, explosion or natural disaster may be restored and the occupancy or use of such structure existing at the time of such destruction, may be continued or resumed, provided:
1. Such restoration is of equal or lesser degree of non-conformity; and
2. Such restoration or reconstruction is started within a period of one year and is completed within a period of two years from the date the structure was damaged or destroyed.
B. In the event such damage or destruction exceeds 50% of the fair market value of the structure, based upon its fair market value immediately prior to the occurrence of the damage, the structure shall not be reconstructed except in conformity with all use and development standard regulations for new structures in the zone in which it is located; provided, however, nonconforming dwelling units legally erected pursuant to a city building permit may be restored to an equal or lesser degree of nonconformity within one year of destruction, even if such destruction does exceed 50% of the prior value of such nonconforming dwelling unit.
C. All determinations under this section, including the fair market value of the structure and the amount of damage incurred, shall be made by the Director of Development Services or his or her designee. Any decision by the Director of Development Services may be appealed to the Planning Commission in writing within 10 days of the decision by the Director of Development Services or his or her designee. The Planning Commission shall then hold a public hearing concerning the value and the amount of damage incurred, allowing both the City and the property owner the opportunity to introduce evidence and to cross-examine witnesses. The Planning Commission shall then issue a decision in writing with findings of fact within 21 days of the public hearing. The decision of the Planning Commission may be appealed to the City Council in writing within 10 days of the decision of the Planning Commission. The City Council shall review the matter de novo.
(Ord. 2982, 2001).