(A) (1) If a nonconforming structure in the R-l, R-2, or R-3 Districts is damaged as a result of fire, explosion, or other catastrophe; and the owner wishes to reconstruct or repair the structure for the same use; but the owner believes that the damaged structure does not meet the definition of a destroyed structure based upon the value of the structure as established by the equalized assessed valuation; then the Zoning Administrator may require that the owner submit evidence of the value of the structure immediately prior to the occurrence causing said damage and of the estimated cost of said repair or reconstruction below 50% of the value of the structure prior to the occurrence. Evidence of the value of the structure- immediately prior to the said occurrence may include, but not be limited to a recent appraisal on such property.
(2) The adoption of these regulations created nonconforming residential uses in the R-l through R-3 Districts. Pursuant to applicable village regulations as set forth in this chapter, a nonconforming use damaged by fire, explosion, or other catastrophe must be rebuilt as a conforming use if such damage amounts to more than 75% of the value of the structure immediately prior to the occurrence. In this case, the structure is considered DESTROYED. In order to lessen the effects of the new regulations, these nonconforming use provisions set forth criteria, by which a nonconforming use that is destroyed may be rebuilt and continued as a nonconforming use.
(B) Within 20 days following submission of documents to support the owner's claim that the structure was not "destroyed" as defined in this subchapter, the Zoning Administrator shall render a decision regarding whether said structure was in fact "destroyed".
(C) If the Zoning Administrator determines that the structure was destroyed, then the structure shall not be repaired or reconstructed for the same or another nonconforming use except in compliance with an approved site plan which meets the requirements for provisional uses as enumerated in §§ 154.050 through 154.052.
(D) The reconstruction of the nonconforming use must commence within the first 12 months following the day on which the nonconforming use was destroyed.
(Ord. 2020-O-3, passed 2-18-2020)