(a) If a lawfully established structure is nonconforming by reason of not meeting current building area, height, setback or other development standards of this title, and it is destroyed to the extent that restoration costs would exceed seventy-five percent of the market value of the building immediately prior to such occurrence (using the most recent ICBO construction tables) it shall be considered completely destroyed and shall be required to meet all applicable building area, height, setback and other development standards of this title upon restoration, unless an administrative adjustment or a variance is granted according to Chapter 10.30.

If the nonconforming structure also contains a nonconforming use, and it is destroyed to the extent that restoration costs would exceed seventy-five percent of the market value of the structure immediately prior to such occurrence (using the most recent ICBO construction tables) it shall only be reestablished when approved in accordance with Section 10.36.050.

(b) If a nonconforming use of a structure or land is succeeded by another use it shall be presumed that the prior nonconforming use has ceased to exist and thus lost its status as a nonconforming use.

(c) Discontinuance or abandonment of a nonconforming use for more than twelve consecutive months shall create a presumption of intent to abandon, and result in termination of the use's legal nonconforming status and the right to continue such nonconforming use.

(d) The administrative official may extend the time frame for reestablishment or reconstruction of a nonconforming use of a structure or land beyond the twelve month time limit; provided, that the owner or authorized agent can document that the reestablishment or reconstruction has not commenced due to pending insurance or court settlement directly related to the damage or destruction. The extension shall not exceed one year, and building permits shall be applied for prior to the expiration of the extension. (Ord. 1634, § 142, 2004.)