108-12-6 Restoration Of Damaged Buildings

A noncomplying structure which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity, act of God, or the public enemy, may be restored and the occupancy or use of such structure or part thereof, may be continued or resumed, provided that such restoration is started within a period of one year, by obtaining a land use permit, and substantial progress is maintained throughout the project. Substantial progress means ”Substantial Progress” means that a required inspection has been passed within the last 6-months includes ongoing good-faith reconstruction activity, such as permitted construction activity, material procurement, site work, or other documented efforts toward completion. Periods of delay caused by weather, financing, insurance claims, contractor availability, seasonal construction limitations, or agricultural operational needs shall not constitute abandonment. Nothing in this chapter shall be interpreted to prohibit the repair or reconstruction of a legal noncomplying structure using the same or similar construction methods, materials, or structural systems, provided the reconstruction complies with applicable building safety codes.