§ 28-190. Reconstruction.

(1)

For the purpose of this section, "catastrophe" means any destructive force whether caused naturally or otherwise.

(2)

If any building or structure in which there is a nonconforming use is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that the cost of repair or reconstruction will exceed 50 percent of the fair market value of the building or structure, it shall not be again used or repaired or reconstructed for any use except 1 permitted as a new use in the district in which it is located.

(3)

If any nonconforming building or structure is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that the cost of repair or reconstruction will exceed 50 percent of the fair market value of the building or structure, it shall not be again used or repaired or reconstructed except as a conforming building or structure.

(4)

As an exception to (2) and (3) above, if any residential building located in a residential district is damaged by catastrophe, the building may be repaired or reconstructed and used to house no greater than the number of dwelling units and no greater square footage or total living area in existence in the building prior to the damage, regardless of the extent of the damage, unless both the comprehensive plan and the applicable zoning district regulations in effect at that time permit a greater number of dwelling units. Reconstructed structures shall be subject to the applicable fire and building codes at the time of the issuance of building permits for the reconstruction.

(Ord. No. 253, § 4.4, 2-28-56; Ord. No. 2887, § 1, 7-14-81)