§ 5.5. Reconstruction Following Damage or Destruction

A.

Structure Totally Destroyed. Damages from any cause exceeding fifty percent (50%) of the value of such structure at the time of damage shall necessitate the discontinuance of use of such structure and same shall not be restored or reconstructed except in conformity with the current provisions of this UDC applicable to such structure.

B.

Structure Partially Destroyed.

1.

Nonconforming structures damaged by the forces of nature such as severe weather events or earthquakes and unforeseen accidents such a structural fire may be restored to their former condition if such damages does not exceed fifty percent (50%) of the value of such structure at the time of damage.

2.

Such restoration or reconstruction shall be completed within twelve (12) months of a settled insurance claim. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the twelve (12) month reconstruction period may be extended by the City.

C.

Replacement Cost. In determining the replacement cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than the nonconforming structure itself including foundation.