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c � <br /> 8� 8- 15 <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 a�.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 c' 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 extenY' 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 /> b) The structure is replaced or reconstructed to the same or a lesser size and <br /> extent as the original structure; and <br /> c) A Use Permit is granted, and the Zoning Administrator finds, in addition to <br /> the findings required by Section 42.3, that compliance with current <br /> F:Atty/Ord/Ord.197 <br /> 012104 7 <br />