§ 30-800.8. Damage to buildings devoted to nonconforming uses.

(a)

When a building devoted to a nonconforming use is damaged by fire, explosion, act of God or the public enemy to the extent of 60 percent or less of its replacement value, as determined by the Commissioner of Buildings utilizing the RS Means or a similar cost evaluation system for comparable construction, such building may be restored, repaired, reconstructed and used as before such damage, provided that the area devoted to the nonconforming use shall not be increased, and provided further that application for a building permit for the restoration, repair or reconstruction shall be submitted within two years of the date of damage.

(b)

When a building devoted to a nonconforming use is damaged by fire, explosion by fire, explosion, act of God or the public enemy to the extent of more than 60 percent of its replacement value, as determined by the Commissioner of Buildings utilizing the RS Means or a similar cost evaluation system for comparable construction, such building, if restored, shall thereafter be devoted to conforming uses, except as otherwise permitted pursuant to the provisions of Section 17.20 of the Charter.

(Code 1993, § 32-800.8; Code 2004, § 114-800.8; Ord. No. 2003-184-131, 1, 5-27-2003)

(Code 1993, § 32-800.8; Code 2004, § 114-800.8; Ord. No. 2003-184-131, 1, 5-27-2003)