(A) A dwelling used as a single-family residence which is damaged or torn down, for any reason, and located on any lot which does not conform to the zoning chapter, may be restored or replaced in conformance with this section. This section does not apply to any lot where a business use of the structure immediately preceded the destruction of the building.
(B) Reconstruction of such dwelling, if it was complete torn down, shall meet the setback requirements required for residential lots in the zoning category where such structure existed if such setbacks can be met, or, if such setbacks cannot be met, such dwelling shall set back at least ten feet on the front (or the average setback of any structures located on two adjoining lots), six feet on each side and ten feet in the rear from the lot line of the lot where such structure will be replaced. Setback measurements shall occur from the edge of the roof line, not the exterior wall of the structure. Accessory structures shall meet the same setback requirement as the principal structure.
(C) Restoration of a partially destroyed structure may occur without reference to the percentage or the value of the structure which may have been damaged.
(D) In no case may a replacement building, constructed pursuant to this section, occupy more than 60% of the area of the lot upon which it is to be rebuilt.
(E) A variance may be granted by the Board of Zoning Appeals from the technical requirements of this section pursuant to the variance procedures set out in this chapter.
(Ord. 2000-33, passed 3-14-2001)