§ 1447-23. Reconstruction of Nonconforming Use and Structure.

(a)

A nonconforming use, building or structure, or improvement or one or more of a group of nonconforming buildings or structures related to one use and under one ownership, substantially destroyed by fire, flood, earthquake or other act of God, may not be reconstructed or used as before such calamity.

As used in this section, "substantially destroyed" means that the estimated cost of reconstruction exceeds 150 percent of the assessed improvement value as determined from the records of the Hamilton County Auditor of all the buildings or structures within the group of one or more nonconforming buildings or structures related to one use and under one ownership. The estimated cost of reconstruction is as submitted in a verified affidavit acceptable to the Zoning Administrator as reasonable. The repairs and reconstruction must be completed within two years of the date of the damage.

If the estimated cost of reconstruction exceeds 150 percent of the assessed improvement value, the use of the property and the reconstruction of the building must be in accordance with the provisions of this Zoning Code.

(b)

Regardless of its estimated cost of reconstruction, a legal, nonconforming building or structure located in the DD, "Downtown Development," zoning district may be reconstructed based upon its existing floor area ratio or existing floor area ratio regulations, whichever is more permissive, if it meets both of the following criteria:

(1)

It was constructed under a building permit approved on or before February 13, 2004; and

(2)

It is involuntarily destroyed on or after the effective date of this provision.

Buildings reconstructed under this provision must conform to all other applicable development regulations, including maximum building height regulations.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; Emer. Ord. No. 141-2015, § 77, eff. July 1, 2015; a. Ord. No. 147-2018, § 1, eff. July 13, 2018)