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<br /> 04/26/2004 <br />d) Existing nonconforming accessory structures may be repaired or <br /> reconstructed, provided that there is no increase in the nonconformity <br /> caused or created by such structure. <br />33.12 Replacement of Destroyed or Damaged Nonconforming Structures. <br /> Notwithstanding the foregoing, any nonconforming structure destroyed or <br />damaged by fire, flood, explosion, wind, earthquake, war, riot, or other public <br />calamity or act of nature, shall not be reconstructed except upon complying with <br />all provisions of this ordinance applicable to the district where the structure is <br />located, except as follows: <br />a) If occupied by a conforming use, the structure may be replaced or <br /> reconstructed to the same size and extent as before the damage <br /> occurred, provided that rebuilding commences not later than one (1) year <br /> after destruction, and so long thereafter as the building permit remains <br /> valid. <br />b) If occupied by a nonconforming residential use, the structure may be <br /> replaced or reconstructed to the same size and extent as before the <br /> damage occurred, provided that rebuilding commences not later than one <br /> (1) year after destruction and so long thereafter as the building permit <br /> remains valid. <br />c) If occupied by a nonconforming nonresidential use, a nonconforming <br /> structure damaged to the extent of one-half (1/2) of its current <br /> replacement cost or less may be replaced or reconstructed to the same <br /> size and extent as before the damage occurred, provided that rebuilding <br /> commences not later than one (1) year after destruction and so long <br /> thereafter as the building permit remains valid. In the event damage <br /> occurs to the extent of more than one-half (1/2) the current replacement <br /> cost, the structure shall not be reconstructed except upon complying with <br /> all the provisions of this ordinance applicable to the district in which the <br /> structure is located. Current replacement cost means the present day <br /> cost to rebuild the entire structure, and shall be determined by the Zoning <br /> Administrator. <br />d) For purposes of this section, "same size and extent" means with respect to <br /> floor area, setbacks, coverage, height, and residential density of the <br /> original structure. <br />33.13 Replacement of Voluntarily Demolished, Destroyed or Damaged <br /> Nonconforming Structures. <br /> Any nonconforming structure demolished, destroyed or damaged by <br />means other than those listed in the prior Section 33.12 shall not be <br />reconstructed except upon complying with all provisions of this ordinance <br />applicable to the district in which the structure is located, except where all of the <br />following circumstances exist: <br />a) The structure houses a conforming use; and <br />F:AttyIOrd/Ord.197 1130-329 <br />012104 7 Muff # 602 <br />