17.12.050 Damaged building restoration.
A. The following changes or alterations may be made to a nonconforming building provided that such changes or alterations do not exceed fifty percent of its assessed valuation, excluding the value of the land, for tax purposes at such date unless such building or structure is changed to a conforming use.
1. Repairs may be made to a non-complying building or to a building housing a nonconforming use that has been officially declared unsafe to restore it to a safe condition. All structural alterations shall be made as required by law or as established by a health or safety official. No further expansion or change in use can be undertaken contrary to the provisions of this title unless a health or safety official, acting in his official capacity, requires such increase or expansion. Such expansions shall be limited to that which is required to comply with the minimum requirements.
2. Maintenance repairs may be made to a non-complying building to maintain an acceptable condition of a building.
3. Any structural alterations that would not increase the degree of nonconformance or which would change the use to a conforming use.
B. If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may be rebuilt to conform to the provisions of this code except as follows:
1. In the case of partial destruction of a structure occupied by a nonconforming use not exceeding fifty percent of its replacement value, reconstruction may be permitted subject to the following standards:
a. The size and function of the nonconforming use shall not be expanded; and
b. Work on the restoration of the use must begin within twelve months of the time of the calamity.
2. A residential structure that is destroyed fifty percent or more of its replacement value and is nonconforming only because it does not meet the minimum required dwelling unit floor area, may be reconstructed subject to the following standards:
a. The replacement residential structure may be the same size or it may be larger than the destroyed structure provided that the new structure conforms with all other requirements of the zone district; and
b. The replacement residential structure conforms to all adopted building codes, including but not limited to: currently adopted city construction codes;
c. All manufactured housing must comply with the requirements of this code. (Ord. 10-15, 2010)