Maywood Zoning Code § 5080.50 Repair of Damaged or Partially Destroyed Structures

• A. Any nonconforming structure or structures in the R-3 zone district which are damaged or destroyed by fire, explosion, act of God, act of a public enemy, collapse, or any other casualty or calamity, may be reconstructed to the conditions which existed prior to the casualty or calamity, provided the structure or structures existed as legally established structures. All such construction or repairs shall be started within one (1) year from date of damage and shall be pursued diligently to completion. Otherwise, the legal nonconforming status of the structure or structures shall be lost.

• B. Any nonconforming structure or structures in non-residential zone districts which are damaged or partially destroyed by fire, explosion, act of God, act of a public enemy, collapse, or any other casualty or calamity, may be reconstructed, provided the damage to the structure does not exceed 50 percent of the appraised value (as defined by this Ordinance) or the damaged structure. All such construction or repairs shall be started within one (1) year from date of damage and shall be pursued diligently to completion. Otherwise, the legal nonconforming status of the structure of structures shall be lost.

• C. In determining the appraised value of any nonconforming structure, the cost of land or any factors other than those concerning the nonconforming structure itself shall not be considered.

Appraised value, for the purpose of this section, shall mean the market value of the structure as reported by the owner, based upon the market value of comparable structures in the City. Where the City and owner do not agree upon the appraised value based on said comparables, appraised value shall mean the value reported by a qualified appraiser, approved by the City, hired by the owner to determine the value of the structure.

MAYWOOD ZONING ORDINANCE

184

APRIL 28, 2009

• D. A nonconforming structure may be repaired or reconstructed to a size no larger than that which existed at the time the damage occurred.

• E. If, in the process of repairing or reconstructing a nonconforming structure, certain nonconformities can be brought into conformance, they shall be brought into conformance.

• F. Repair or reconstruction of damaged nonconforming structures shall not extend the specified amortization date of the structure nor the nonconforming use it houses.