The use of a noncomplying building or other structure may be continued, except as otherwise provided herein:
(a) If a noncomplying building or other structure is damaged or destroyed by any means, such building or other structure shall be reconstructed only in accordance with the bulk regulations specified for the district in which it is located, if the value of such building or other structure after such damage or destruction is less than twenty-five percent of its value prior thereto. In establishing value, the Zoning Administrator shall consider only the ratio of the assessed value of such building or other structure, as determined within one month after such damage or destruction, to the current assessed value prior thereto, provided that on appeal the Zoning and Building Standards Board of Appeals may consider any other substantiating evidence of value.
(b) A noncomplying building or other structure may be enlarged, provided that no enlargement is permitted which would either create a new noncompliance or increase the degree of noncompliance of any portion of the building or other structure.
(c) Normal maintenance, repairs or structural alterations are permitted in a noncomplying building or other structure, except that alterations creating enlargements shall be subject to the provisions of subsection (b) hereof.
(d) Notwithstanding the provisions of Part Seven Title Two of the Planning and Zoning Code, a nonconforming two-family building located in an "A Single-Family" zoning district may be rebuilt to the previously-existing size and footprint and used for two-family purposes, and the Building Commissioner may issue applicable building permits accordingly, even if the building is destroyed to an extent exceeding sixty percent of its market value, provided the following conditions are met:
(1) No later than thirty days after the event causing damage or destruction of the building, the owner, mortgagee or other person having a legal interest in the property provides written proof to the City of the existence of insurance or financing adequate to reconstruct/repair the building and written notice of its intent to so reconstruct/repair the building;
(2) The owner, mortgagee or other person having a legal interest in the property applies for all necessary building permits for the reconstruction/repair of the property no later than ninety days after the event causing damage or destruction of the property; and
(3) The reconstruction or repair of the property is substantially completed within one year of the event causing damage or destruction of the property.
(Ord. 02-17. Passed 4-12-17.)