A. General. The following provisions govern reconstruction of a nonconforming structure that is damaged or partially destroyed by fire, flood, wind, earthquake, or other act of nature or an act of the public enemy.
B. Destruction of 50 Percent or More. If the nonconforming structure is damaged to the extent of 50 percent or more of the appraised replacement value of the nonconforming structure, as determined by the Building Official, prior to the damage or partial destruction, or is voluntarily razed or is required to be razed, the structure shall only be restored in full conformity with the provisions of this Zoning Code and all applicable Building Codes.
C. Destruction of Less than 50 Percent. If the total cost of repairs, including structural alterations, required for reconstruction do not exceed 50 percent of the appraised replacement value of the nonconforming structure, as determined by the Building Official, prior to the damage or partial destruction, the damaged or partially destroyed portions of the nonconforming structure may be reconstructed without bringing all portions of the structure into conformance with the provisions of this Zoning Code.
D. Estimate of Damage and Cost of Reconstruction. The extent of damage or partial destruction shall be based upon the reasonable replacement value of the structure immediately prior to the damage or partial destruction, as determined by the City’s Building Official. All appraised values referred to in this Section shall be determined by a State licensed appraiser and confirmed by the Building Official. Estimates of repairing or replacing the damaged portion of the structure for purposes of this Section shall be made by or shall be reviewed and approved by the Building Official, and shall be based on the minimum cost of construction in compliance with the Building Code.
E. Exemption for Single-Unit and Multi-Unit Residential Structures. Any legally established single-unit or multi-unit residential structure that experiences destruction of 50 percent or more of the appraised replacement value may be completely reconstructed to the extent it existed prior to such destruction. However, all efforts shall be made to comply with the provisions of this Zoning Code to the extent practicable and in particular, any off-street parking deficiencies that existed prior to such destruction shall be remedied to the greatest extent possible, as determined by the Director. (Ord. 935 § 3 (part), 2015)