Nothing in this Zoning Code shall prevent the reconstruction, repair, restoration and continued use of any nonconforming building or structure damaged by fire, collapse, explosion, acts of God or acts of public enemy, subsequent to the effective date of this Zoning Code, wherein the expense of such reconstruction does not exceed thirty percent (30%) of the State equalized valuation of the entire building or structure at the time such damage occurred, provided that all of the following apply:
(a) Such valuation shall be subject to the approval of the Building Superintendent, whose decision shall be subject to approval of the Planning Commission.
(b) Such restoration and resumption shall take place within six (6) months of the time of such damage and it shall be completed within one (1) year from the time of such damage.
(c) Such use shall be identical to the nonconforming use permitted and in effect directly preceding such damage.
Where pending insurance claims require an extension of time, the Superintendent may grant a time extension, provided that the property owner submits a certification from the insurance company attesting to the delay. Until such time as the debris from the fire damage is fully removed, the premises shall be adequately fenced or screened from access by children who may be attracted to the premises. No fee shall be charged for an appeal under this section.
(Res. 98-340A. Passed 9-21-98.)