(a) In the event any nonconforming building or structure is damaged by fire, wind, act of God or other calamity, it may be rebuilt or restored in the same configuration as existed before the damage occurred if the replacement cost thereof does not exceed 60% of the fair market value of the nonconforming building or structure, exclusive of the foundation, prior to its damage or destruction. The fair market value shall be as determined by the Community Development Director or their agent.
(b) In the event any nonconforming building or structure is damaged by fire, wind, act of God or other calamity to the extent that the replacement cost of the nonconforming building or structure exceeds 60% of the fair market value of the building or structure, exclusive of the foundation, prior to such damage or destruction, the building or structure may be rebuilt or restored only in accordance with the requirements of this Zoning Code. The fair market value shall be as determined by the Community Development Director or their agent.
However, the Zoning Board of Appeals may approve the re-establishment of such nonconforming building or structure, after a public hearing is held in accordance with the requirements of Section 1244.07 of this chapter, but only to the extent necessary to provide the minimum reasonable use of the building or structure. In considering the approval of any such re-establishment of a nonconforming building or structure, the Zoning Board of Appeals may impose reasonable terms and conditions and shall not permit an increase in the nonconformity.
(c) Nothing in this Zoning Code shall be deemed to prevent the normal repairs and maintenance on any nonconforming building or structure or prevent the strengthening or correcting of any unsafe condition of the building or structure.
(1975 Code § 5.120) (Ord. 500. Passed 5-7-13.)