(A) Nothing in this subchapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been damaged, by any means, to an extent less than 50% of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation associated with such structure) at the time of damage, as determined by the Enforcement Officer; provided, however, that the restoration of such structure and its use in no way increases any former nonconformity, and provided that restoration of such structure is begun within six months of such damage and diligently prosecuted to completion within one year following such damage.
(B) Whenever such structure has been damaged, by any means, to an extent of more than 50% of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation associated with such structure) at the time of damage, as determined by the Enforcement Officer, the structure and use thereof shall not be restored except in full conformity with the regulations of this chapter.
(C) When a structure is determined by the Enforcement Officer, to be in violation of the Building Code or any applicable health or safety code, and the cost of placing the structure in condition to satisfy the standards under such codes exceeds 50% of the reconstruction cost of the entire structure, as determined by the Enforcement Officer, such nonconforming structure shall not be restored for the purpose of continuing a nonconforming use.
(Ord. 834, passed 2-1-2001)