§ 90-747. Restoration or replacement.

(a)

If a nonconforming activity is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 50 percent of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this chapter.

(b)

If a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 75 percent of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter. The property owner so affected may take recourse to obtain rezoning.

(c)

When a conforming structure devoted to a nonconforming activity is damaged less than 50 percent of the cost of reconstructing the entire structure or where a nonconforming structure is damaged less than 75 percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided that any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

(d)

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.

(e)

All nonconforming activities and structures existing on July 1, 1965, are excluded from these provisions regarding restoration or replacement.

(Code 1988, § 17-262)

(Code 1988, § 17-262)