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E. Damage or Destruction. <br /> 1. If a structure housing a nonconforming use is destroyed to any extent by fire or other <br /> casualty not intentionally caused by the owner,the structure may be rebuilt and the use <br /> may be re-established if the following requirements are met: <br /> a. the nonconformity is certified by the Planning Department; <br /> b. a complete building permit application is filed within one year of such fire or <br /> other casualty; and <br /> c. construction is commenced and completed in conformance with the provisions <br /> of the building code then in effect. This provision shall not reduce any requirements of <br /> the building or fire codes in effect when such structure is rebuilt. <br /> 2. Exception: A non-residential nonconforming use located in a residential zone <br /> which is damaged beyond fifty percent of the its value,as determined by the <br /> Building Official, shall lose its nonconforming status and shall not be allowed to <br /> be rebuilt. <br /> Section 4. Section 38.040 of Ordinance#1671-89(EMC 19.38.040),which reads: <br /> Nonconforming use. <br /> A. Continuation.A nonconforming use is transferable to a new owner or tenant;provided, <br /> that the use is not expanded or discontinued as provided in paragraph B of this subsection. <br /> B. Discontinuation. Except as provided in Section 38.100, any use which is nonconforming <br /> and has ceased for a period of one year or more shall lose such nonconforming status. All <br /> subsequent use of the property or building shall be a use which conforms with the requirements <br /> of this title. <br /> C. Change in Nonconforming Use.A nonconforming use may be changed to another <br /> nonconforming use if such use is approved using Review Process II.B. In making such a <br /> decision,the review authority shall consider the following criteria in determining whether to <br /> approve or deny a change in nonconforming use: <br /> 1. Residential Zones: <br /> a. Except as provided in Section 38.100, a nonconforming nonresidential use may not be <br /> changed to another nonconforming nonresidential use in any residential zone. A <br /> nonconforming nonresidential use may only be changed to a use which is permitted in <br /> the residential zone. <br /> b. A nonconforming residential use may be changed to another nonconforming residential <br /> use only if the proposed use is not more nonconforming than the prior use. <br />