(A) Minor repairs and routine maintenance of property where non-conforming situations exist are permitted and encouraged. Major renovation (i.e., work estimated to cost more than 25% of the appraised value of the structure to be renovated) may only be done with the granting of a conditional use permit. Cost shall mean the fair market value of the
materials and services necessary to accomplish the repair or maintenance.
(B) If a structure located on a parcel where a non-conforming situation exists is damaged to an extent of 50% or less of the appraised value of the damaged structure, then it may be repaired and replaced and the non-conforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. For damaged non-conforming signs, restoration must be initiated within three months and completed within six months. If the damage exceeds 50% or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located, and the non-conforming use shall not be resumed. Structure, as used in this division (B), includes on-premise signs and billboards. Non- conforming structures used for single-family or two- family residential purposes, if damaged to an extent exceeding 50% may be reconstructed and restored, subject to the granting of a conditional use permit.
(C) For the purpose of division (B) above, the extent of damage shall be based on the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior to the damage. Estimates for this purpose shall be reviewed and approved by the Town Manager or designee and shall be based on the minimum cost of construction in compliance with adopted building codes.
(Ord. 2012-04, passed 12-5-2012)