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Sec. 40-163. Nonconforming uses. (d) Reconstruction. Any nonconforming building or any building containing a nonconforming use which has been damaged or destroyed by a natural disaster or other act of God, may be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such building cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. The owner or the owner's contractor shall apply for a building permit, and any work done to repair, rebuild or replace such building shall be in compliance with the Uniform Statewide Building Code and the City's flood protection ordinance set out in Chapter 14 of this Code. Unless such building is repaired or rebuilt within two years of the date of the natural disaster or replaced within two years of the date of the natural disaster or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of the zoning ordinance, However, if thc nonconforming building is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then an additional two years for the building to be repaired, rebuilt or replaced as otherwise provided in this paragraph. Any building or structure damaged by neglect or lack of maintenance shall not be repaired if the cost of the repairs exceeds 50% of the current assessed value of the building. The Building Oflicial shall determine if the submitted cost ofrepairs is accurate. F or the purposes of this subsection, the following definitions shall apply: ^'atural disaster shall mean any event in which damage is caused by flooding, hail, wind event or wind storm, lighting strike, tornado damage, explosion, or falling tree(s) or tree limbs. Act a/God shall mean any event in which the damage is outside of the control ofa single individual. For this scction fire by any rcason cxcept arson, buildings damaged by vehicles or natural disastcr as defined above shall be considered "Acts of God". Rebuilt shall mean construction using clements of the original building such as walls, tloors or loundatiolls. Replaced shall mean construction that uses no element of the original building. 9. That this ordinance shall take etTect on the date of its adoption. ADOPTED by the Council of the City of Portsmouth, Virginia at a meeting held on December 12,2006. Teste: City Clerk