Except as otherwise provided in Section 155.7305, Exceptions for Nonconforming Structures in Transit Oriented District, the reconstruction or repair of a damaged nonconforming structure shall be subject to the following provisions.
A. Damage up to 50 Percent of Value
If a nonconforming structure is damaged by any means to an extent whereby the cost of restoring the structure to its before-damaged condition would be 50 percent or less of the structure's fair market value before the damage, the structure may be reconstructed or repaired if:
1. The reconstruction or repair does not increase, expand, enlarge, or extend the degree of nonconformity; and
2. The reconstruction or repair is actually begun within one year after the damage and is diligently pursued to completion.
B. Damage Greater than 50 Percent of Value
1. Except as otherwise provided in subsection 2. below, if a nonconforming structure is damaged by any means to an extent whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the structure's fair market value before the damage, the structure shall not be reconstructed or repaired except in conformity with the provisions of this Code.
2. Exceptions
a. A multifamily residential development that exceeds the allowed density of a nonresidential zoning district but is in compliance with the underlying residential land use category, shall be permitted to be restored to the condition it was in if such structure(s) located on the development site is damaged by any means by more than fifty percent (50%) of its replacement value or more than fifty percent (50%) of the gross floor area of the existing structure(s), in accordance with the following:
i. The total number of dwelling units to be provided in the rebuilt structure(s) shall not exceed the total number of dwelling units previously existing in the same structure prior to the destruction.
ii. The dimensions of the rebuilt structure(s) on the development site shall be permitted based on what previously existed in the same structure(s) prior to the destruction and shall not result in an increase in nonconformity as it relates to all other provisions of the city’s zoning regulations.
iii. Such redevelopment shall meet all applicable public safety codes in effect at the time of redevelopment including the building code, aviation-related height limitations, flood elevation, hurricane evacuation, natural resource protection including those related to beaches, marine resources and sea level rise.
C. Determination of Structure Value
Fair market value of a structure shall be based on a market appraisal submitted by the applicant that is performed by a certified appraiser, at the applicant's expense. On determining that the applicant's market appraisal is inaccurate, the Development Services Director may reject it and base the structure's value on the average of values determined by the applicant's market appraisal and a second market appraisal performed by a certified appraiser at the city's expense.