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ATTY/ORD.0006/CC ORD ADOPT AMENDMENTS TO THE ZONING CODE – EXHIBIT A <br />REV: 07-08-26 MI <br />Page 56 of 103 <br />[33.5 – 33.11 are unchanged] <br /> <br />33.12 Replacement of Destroyed or Damaged Nonconforming Structures. <br />Notwithstanding the foregoing, any nonconforming structure destroyed or damaged by fire, flood, <br />explosion, wind, earthquake, war, riot, or other public calamity or act of nature, shall not be <br />reconstructed except upon complying with all provisions of this article applicable to the district <br />where the structure is located, except as follows: <br />A. If occupied by a conforming use, the structure may be replaced or reconstructed to the same size <br />and extent as before the damage occurred, provided that rebuilding commences not later than two <br />(2) one (1) years after destruction, and so long thereafter as the building permit remains valid; <br />B. If occupied by a nonconforming residential use, the structure may be replaced or reconstructed to <br />the same size and extent as before the damage occurred, provided that rebuilding commences not <br />later than two (2) one (1) years after destruction and so long thereafter as the building permit <br />remains valid; <br />C. If occupied by a nonconforming nonresidential use, a nonconforming structure damaged to the <br />extent of one-half (½) of its current replacement cost or less may be replaced or reconstructed to <br />the same size and extent as before the damage occurred, provided that rebuilding commences not <br />later than two (2) one (1) years after destruction and so long thereafter as the building permit <br />remains valid. In the event damage occurs to the extent of more than one-half (½) the current <br />replacement cost, the structure shall not be reconstructed except upon complying with all the <br />provisions of this article applicable to the district in which the structure is located. Current <br />replacement cost means the present-day cost to rebuild the entire structure, and shall be <br />determined by the Zoning Administrator; <br />D. For purposes of this section, "same size and extent" means with respect to floor area, setbacks, <br />coverage, height, and residential density of the original structure. <br /> <br />[33.13 – 33.25 are unchanged] <br /> <br />----- <br />Article 36 EXTERIOR SITE IMPROVEMENTS <br />[Changes are only to Sections 36.3, 36.5, and 36.7] <br />36.3 Fences. <br />A. Definitions. <br />1. Fence. An artificially constructed barrier or wall of any material or combination of materials <br />erected to physically separate properties, provide privacy, or provide security or confinement. <br />Walls are included in the definition of a fence. <br />8.B. - Page 78 of 212 <br />393