When a building or structure, the use of which does not conform to the provisions of this Ordinance, is damaged by fire, explosion, or an act of God to the extent that less than sixty percent (60%) of its market value is lost, it may be restored or rebuilt and continued in such nonconforming use, provided that the restoration or rebuilding is commenced within one (1) year of the time of damage that construction is completed within two (2) years, and that such restoration or rebuilding would not extend or expand the existing use. If more than sixty percent (60%) of the market value is lost, the building or structure may not be restored or rebuilt in such a manner so as to continue the nonconforming use.
In the administration of this section, if disagreement occurs as to the market value of a particular property, that market value shall be determined by an independent appraiser as selected and mutually agreed to by the applicant and the City. Such appraisals shall be performed according to a comparable value method of appraisal.
(Ord. 07-8. Passed 3-19-07.)