In the event a nonconforming building or other structure and/or a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty (50) percent or more of its replacement value based upon prevailing costs at the time of such damage or destruction, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the zoning district in which it is located. In the event the damage or destruction is less than fifty (50) percent of its replacement value based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building which existed at the time of such partial destruction may be continued, provided however that the remaining sections of this Article shall continue to be effective to regulate the length of time during which a nonconforming building or structure and/or nonconforming use may continue as if the damage or destruction had not occurred. In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion within a maximum of one (1) year from the time restoration or repair is initiated. Failure to initiate or conclude restoration within these limits shall constitute voluntary discontinuance of use as set forth in Section 15.302. In no case shall such restoration nor the time spent during construction and repairs operate to extend the time for elimination of any nonconformity.
(Ord. 432, passed 8-15-2000)