§ 1447-23. Reconstruction of Nonconforming Use and Structure


Latest version.
  • 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 Director of Buildings and Inspections 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.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)