[Adopted by Ord. No. 2005-2]
The purpose of this article is to set forth when a nonconforming
structure which has been partially removed, demolished or destroyed
has been extinguished so that such nonconforming structure cannot
be rebuilt, restored or repaired.
If 50% or more of any existing nonconforming structure shall
be removed, demolished or destroyed, either intentionally or due to
fire, wind, rain, snow, or other elements, such nonconforming structure
may not be rebuilt, restored or repaired and the preexisting construction
of such nonconforming structure shall cease.
A.
In determining whether 50% or more of a nonconforming structure has
been removed, demolished or destroyed, such calculation shall be determined
by the cost of repair and replacement, and in the event such cost
is either equal to or greater than 50% of the assessed value of such
structure at the time of destruction, excluding any assessed plan
values, then and in that event, such nonconforming structure cannot
be rebuilt, restored or repaired. In addition, in the event that additional
portions of such structure must be removed, demolished or destroyed,
in order to properly rebuild, repair or store same, then and in that
event, the cost of replacement for such additional removal or demolition
shall be included in the determination of whether 50% or more has
been removed, demolished or destroyed. In addition, in the event the
only major components of the original structure utilized in such building,
repair or restoration are the foundation, and/or exterior walls, same
shall be considered as prima facie evidence that the structure has
been more than partially destroyed in excess of 50%.
B.
Nothing in this article shall prevent the strengthening or restoring
of any portion of a structure which has been declared unsafe by the
Construction Official.
