If a building or structure that is nonconforming or containing a nonconforming use, is damaged or destroyed by any means to the extent of 50% or more of its value at the time, or if a repetitive loss to an existing building occurs as defined in § 93.006, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50% of its value, based upon the prevailing costs, and is not a repetitive loss, the building may then be restored to its original condition and the occupancy or use of the building may be continued which existed at the time of the partial destruction.
(A) In the event that the Zoning Administrator's estimate of the extent of damage or fair market value is not acceptable to the applicant for the building permit to repair or reconstruct the building or structure, the applicant may appeal to the Zoning Board of Appeals.
(B) In any event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion.
(C) Conditions: The Zoning Administrator may issue, or cause to be issued, a building permit if the subject matter thereof is otherwise permitted by the provisions of this subchapter, provided that the Land Use Committee may impose such conditions and requirements to the issuance of the permit as are reasonably necessary to promote compatibility of the nonconforming use or building with its immediate neighborhood and to protect adjacent property from any adverse effects of the nonconforming use.
(Ord. 2014-18, passed 4-16-2014)