A. Ministerial Building Permit Required. If a nonconforming structure in existence or use maintained on November 16, 2010, which does not conform to the regulations for the district in which it is located, is involuntarily damaged or destroyed by fire, collapse, flood, wind, earthquake, explosion, act of God, or act of the enemy, subsequent to the effective date of this title and the expense of such reconstruction is less than or equal to fifty percent (50%) of the assessed value of the structure at such time just prior to the damage occurring, then without further action by the City Council, such structure and use of land may be repaired, restored, replaced, or reconstructed and reoccupied in the same manner in which it originally existed upon issuance of a ministerial building permit and subject to the following terms:
1. All such reconstruction shall be performed under one (1) building permit;
2. All such reconstruction shall be initiated within a period of one (1) year from date of damage; and
3. All such reconstruction shall be diligently pursued to completion.
B. Conditional Use Permit Required. If the repair, restoration, replacement, or reconstruction expands from the original state of the nonconforming structure, at such time just prior to the damage occurring, issuance of a conditional use permit, pursuant to the provisions set forth in Section 17.12.140 (Conditional Use Permit) is required. The approving authority may consider up to a maximum ten percent (10%) expansion of the square footage from the original state of the nonconforming structure at such time just prior to the damage occurring. (Ord. 2010-02 § 1 (part), 2010)