27.72.070 DAMAGE—DESTRUCTION.

(a) If a building or other structure containing a nonconforming use is damaged or destroyed by any means to an extent of fifty percent or more of its replacement value at that time, as determined by the zoning administrator based upon current construction costs, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district. In the event the damage or destruction is less than fifty percent of its replacement value, based upon prevailing construction costs, the building may then be restored to its original condition and the occupancy use of such building which existed at the time of such partial destruction may be continued. In either event, restoration or repair of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion.

(b) The provisions of subsection (a) shall not apply to the following:

(1) Residential structures in residential districts;

(2) Buildings in commercial, or office districts; and

(3) Buildings in Transit Oriented Development (TOD) districts.

In the event of partial or total damage or destruction thereto, all of the above structures in the listed zones may be restored to their original size, shape, volume and condition, and the use of such structures which existed at the time the damage or destruction occurred may be continued.