§ 21-136. Repairing damaged nonconforming structures.

(a)

Conditions for repair of damaged nonconforming uses. Repair or rebuilding such nonconforming structures shall be subject to the following conditions:

(1)

In the event of damage by fire or other causes to the extent less than seventy-five (75) percent of its tax value prior to such damage as determined by the county director of building inspections, reconstruction of a nonconforming structure shall be permitted for the same use subject to the following conditions:

a.

There is no greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations, or density requirements or other requirements such as parking, loading and landscaping requirements.

b.

In the same manner in which it originally existed.

(2)

In the event of damage by fire or other causes to the extent exceeding seventy-five (75) percent of its tax value prior to such damage as established by the county director of building inspections, reconstruction of a nonconforming structure shall be permitted provided it is constructed:

a.

In the same manner in which it originally existed subject to compliance with the requirements of the state building code; or

b.

Relocated in compliance with dimensional and use requirements of the district in which the unit is relocated.

(3)

No nonconforming structure shall be moved or relocated unless it is made to comply with the dimensional and use requirements of the district in which it is relocated and with the requirements of the state building code.

(4)

Off-premises signs may be repaired or replaced subject to section 21-135(g) or this subsection.

(b)

Preservation of safe or lawful conditions. Nothing in this article shall prevent the strengthening or restoration to a safe or lawful condition any building declared unsafe or unlawful by the county building inspector or other duly authorized official.

(Ord. of 11-19-01(2); Amend. of 9-6-11; Amend. of 4-21-14; Amend. of 9-6-16)