Sec. 70-580

Other

• Damage exceeds threshold

  If the cost of restoration to its condition before the occurrence shall exceed 50 percent of the cost of reconstructing the entire structure, it may be repaired or restored only in compliance with the provisions of this chapter.

• Damage threshold for repair50 percent

  If a nonconforming structure or a conforming structure devoted to a nonconforming activity is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall not exceed 50 percent of the cost of reconstructing the entire structure, it may be repaired or restored, provided any such repair or restoration is started within six months and completed within 12 months from the date of partial destruction.

• Destruction eliminates nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. status

  Where nonconforming status applies to a use and/or structure, removal or destruction of the structure shall eliminate the nonconforming status of the land. The term destruction, for the purpose of this subsection, is defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction.

• Land value excluded

  The cost of land or any factors other than the cost of the structure are excluded in the determination of fair market value for the purpose of calculating the percent of damage.