§ 151.01.45 RESTORATION.
   (A)   Any legal, non-conforming building or structure which has been damaged by fire or other peril to the extent of more than 50% of its fair market value, as determined by the County Assessor, shall not be restored, except in conformity with the regulations of this chapter, and as specifically provided in subsection (B) of this section.
   (B)   Except as otherwise provided by this chapter or state statutes, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless:
      (1)   The nonconformity or occupancy is discontinued for a period of more than one year.
      (2)   The nonconforming use or building is destroyed by fire or other peril to the extent of greater than 50% of its estimated market value, as indicated in the records of the County Assessor at the time of damage, and no building permit has been applied for within 180 days of when the property is damaged.
   (C)   Any subsequent use, building or structure not meeting the standards established in subsections (A) and (B) of this section shall be only occupied in a conforming manner.
(Ord. 20220120-01, passed 1-20-22)