Common use of Repair of a Damaged Nonconforming Structure Clause in Contracts

Repair of a Damaged Nonconforming Structure. If a nonconforming structure is destroyed by fire, explosion, or act of God, to the extent of sixty percent (60%) or more of its value before destruction, it may be rebuilt only as a conforming structure. A nonconforming structure, damaged to the extent of less than sixty percent (60%) of its value, may be rebuilt, provided there is no expansion of the nonconformity, and so long as: 1. The applicant applies for permits needed to rebuild the use within six (6) months of the date the damage occurred; 2. All permits are obtained; and 3. The restoration is fully complete within two (2) years of permit issuance. If a non-conforming structure is to be demolished, demolition must be complete within six (6) months of destruction.

Repair of a Damaged Nonconforming Structure. ‌ If a nonconforming structure is destroyed by fire, explosion, or act of God, to the extent of sixty percent (60%) or more of its value before destruction, it may be rebuilt only as a conforming structure. A nonconforming structure, damaged to the extent of less than sixty percent (60%) of its value, may be rebuilt, provided there is no expansion of the nonconformity, and so long as: 1. The applicant applies for permits needed to rebuild the use within six (6) months of the date the damage occurred; 2. All permits are obtained; and 3. The restoration is fully complete within two (2) years of permit issuance. If a non-conforming structure is to be demolished, demolition must be complete within six (6) months of destruction.