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

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

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