§ 154.366 RESTORATION AND REPAIR OF DAMAGED BUILDINGS; ALTERATIONS.
   (A)   Repairs and maintenance may be made to keep a nonconforming structure in sound condition.
   (B)   A nonconforming building or structure suffering from wear and tear, neglect, deterioration, and depreciation may be repaired or rehabilitated according to the current Building Code for new construction.
   (C)   (1)   If a building or structure is damaged less than 75% of its current market value by fire, wind, natural elements, collapse, public enemy, a calamity commonly referred to as an “Act of God,” or any other casualty, the building or structure shall be deemed partially destroyed and may be repaired, restored, reconstructed, or rebuilt and its use resumed.
      (2)   The building shall be rebuilt on its existing footprint, or anywhere on the lot that would render the structure less nonconforming.
      (3)   The building or structure shall be repaired, restored, reconstructed, or rebuilt according to the current Building Code for new construction.
   (D)   If a building or structure is damaged or destroyed more than 75% of its current market value by fire, wind, natural elements, collapse, public enemy, a calamity commonly referred to as an “Act of God,” or any other casualty, then the building shall be deemed totally destroyed and may be repaired, restored, reconstructed, or rebuilt; provided that the rebuilt building complies with the required setbacks, building size, and other requirements set forth in the zoning district in which the building is located.
   (E)   Current market value will be determined by the mean of two independent appraisals, or by calculating 200% of parcel state equalized value, whichever is greater.
   (F)   The cost of repairs will be determined by the mean estimate of two licensed contractors.
   (G)   A zoning permit must be secured before reconstruction of a building. The Zoning Administrator shall determine the extent of the destruction, deterioration, or depreciation before issuing a zoning permit.
(Prior Code, § 154.330) (Ord. 48, passed 6-21-2005)