§ 38-53. Restoration.
(a)
A nonconforming building or structure, other than a sign, which is destroyed by any cause or means (including a flood, fire, hurricane, tornado, storm, explosion, riot, or other calamity), shall not be replaced, except in compliance with the regulations of this chapter. A nonconforming building or structure, other than a sign, which is damaged by any cause or means, such that the cost of repair is in excess of seventy-five (75) percent of the assessed value of the building or structure as of January 1 of the calendar year that the building or structure was damaged, as calculated by the Orange County Property Appraiser; or, if applicable, by the Orange County Value Adjustment Board, shall not be repaired, except in compliance with the regulations of this chapter.
(b)
A nonconforming sign, other than a billboard, which is destroyed by any cause or means, shall not be replaced, except in compliance with the regulations of this chapter and Chapter 31.5 (Sign Ordinance). A nonconforming sign, other than a billboard, which is damaged by any cause or means in excess of fifty (50) percent of the cost of replacement of the sign, shall not be repaired, except in compliance with the regulations of this chapter and Chapter 31.5.
(c)
A nonconforming billboard which is destroyed by any cause or means shall not be replaced, except in compliance with the regulations of this chapter and Chapter 31.5. A nonconforming billboard which is damaged by any cause or means, such that the total cost of repair is in excess of fifty (50) percent of the Total Replacement Cost (as defined below), shall not be repaired, except in compliance with the regulations of this chapter and Chapter 31.5. For purposes of this subsection, the term "total replacement cost" means the calculation of total replacement cost that is derived by applying the User's Guide—Owner's Estimate of Repair/Replacement Costs of Nonconforming Billboards, dated May 10, 2007, which document is attached to Ordinance No. 2007-09 as Appendix A and incorporated herein by reference. The unit cost worksheet that is labeled as "Attachment 1" to Appendix A shall be updated biannually without need of further action by the board.
(P & Z Res., art. XXIV, § 8; Ord. No. 2007-09 , § 1, 8-14-07)