(A) Non-residential structures and uses. Any structure other than a single-family home, a duplex, an apartment building, a residential condominium or townhouse which is nonconforming as to lot size requirements or building bulk regulations or all or substantially all of which is designed, intended, or used for a use which is not permitted in the district in which it is located, which is destroyed or damaged by fire or other casualty or force majeure to the extent that the cost of restoration shall exceed 50% of the cost of replacement of the entire structure, shall not be restored unless such structure and use thereof shall conform to all the regulations of the district in which it is located. If the cost of restoration of such damaged structure does not exceed 50% of the cost of replacement of the entire structure, no repairs or reconstruction shall be made unless such restoration is completed within one year from the date of the fire or other casualty or force majeure.
(B) Residential structures and uses. The rebuilding of any residential structure, including only single-family homes, duplexes, apartment buildings, residential condominiums and townhouses, which is damaged by fire, other casualty or force majeure shall be governed by the following provisions:
(1) Restoration as of right. A residential structure which is nonconforming as to lot size requirements or building bulk regulations or all or substantially all of which is designed, intended, or used for a use which is not permitted in the district in which it is located, which is destroyed or damaged by fire or other casualty or force majeure to the extent that the cost of restoration is less than 50% of the cost of replacement of the entire structure, may be restored even though such structure and use thereof shall not thereafter conform to all the regulations of the district in which it is located. No such restoration shall increase the size of the structure unless required by building or accessibility codes, and then only to such size as is necessary to meet the requirements of the applicable codes and no repairs or reconstruction shall be made unless such restoration is completed within one year from the date of the fire or other casualty or force majeure and is diligently pursued until completion.
(2) Conditional restoration. A residential structure which is nonconforming as to lot size requirements or building bulk regulations or all or substantially all of which is designed, intended, or used for a use which is not permitted in the district in which it is located, which is destroyed or damaged by fire or other casualty or force majeure to the extent that the cost of restoration shall exceed 50% of the cost of replacement of the entire structure, may be restored even though such structure and use thereof shall not thereafter conform to all the regulations of the district in which it is located only under the following circumstances:
(a) The restoration shall not increase the size of the structure unless required by building or accessibility codes, and then only to such size as is necessary to meet the requirements of the applicable codes;
(b) The restoration shall not increase the intensity of the nonconforming use of the property;
(c) The restoration building permit shall be applied for within six months of the destructive event and all construction shall be completed within one year of the granting of such permit;
(d) The Director of Planning, Zoning and Building shall have the sole discretion to grant one extension of the building permit for a period not to exceed six months upon application of the property owner demonstrating that forces beyond his, her or its reasonable control prevented completion of the restoration within the limits set forth hereinabove.
(C) Prohibited restoration. No person or entity shall restore a structure which is nonconforming as to lot size requirements or building bulk regulations or all or substantially all of which is designed, intended, or used for a use which is not permitted in the district in which it is located, which is destroyed or damaged by fire or other casualty or force majeur in any circumstance which does not comply with the provisions set forth in divisions (A) or (B) of this section.
(Ord. 1993-O-02, passed 2-2-93; Am. Ord. 2012-O-23, passed 10-16-12)