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1 <br />L <br />voluntary and willful destruction of all or portions of a lawful nonconforming structure. <br />Whenever a lawful nonconforming structure shall be destroyed by means other than fire, <br />flood, explosion, earthquake, war, riot, or act of God, to the extent that less than fi fly percent <br />(50%) of the structure’s fair market value remains, said value to be determined by the City <br />Assessor, or to the extent that less than fifty percent (50%) of the structure’s total volume <br />remains, said volume to be determined by the Building Official, then without further action <br />by the City Council, the structure and the land on which such structure was located or <br />maintained shall, from and after the date of said destruction, be subject to all of the <br />regulations specified by the Zoning Chapter for the district in which such land and structures <br />are located. Any such structure which is destroyed only to an extent that at least fifty percent <br />(50%) of its value remains and at least fifty percent (50%) of its volume remains, may be <br />restored to its former extent. Estimates of the extent of the destruction shall be made by the <br />Building Official and the City Assessor, in a manner consistent with generally accepted <br />methods of determination. <br />(3) Expansion of Residence Structures. Lawful, nonconforming single family <br />residential structures may be expanded, provided; <br />a. That the expansion does not increase the nonconformity, and <br />complies with all height, setback, hardcover and lot coverage requirements of the district in <br />which it is located, ‘increase in nonconformity” includes but is not limited to any expansion <br />of the existing building’s 3-dimensional envelope within a required yard or not meeting a <br />required setback. <br />b. That if the structure is nonconforming only with respect to <br />substandard lot area or width for the district in which it is located, the expansion shall meet <br />all height, setback, hardcover and lot coverage requirements of the district in which it is <br />located. <br />c. That in cases where the lot line setback of a structure is less than <br />50% of the required setback for that Zoning District, the Cit>- may require that the <br />discrepancy be made up by enlarging the opposite required yard depth to result in an <br />aggregate yard depth equivalent to the combined required yard. <br />(4) Expansion of Accessory Structures. Lawful, nonconforming residential <br />accessory buildings may be expanded, provided: <br />a. That the expansion does not increase the nonconformity of the <br />accessory building, and complies with all height, setback, hardcover and lot coverage <br />requirements of the district in w hich it is located. “Increase in nonconformity” includ«*s but <br />is not limited to any expansion of the existing accessory building's 3-dimonsiona! envelope <br />within a required yard or not meeting a required setback. <br />Page 3 of 4