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The Board of Zoning Appeals shall have the power to permit the following exceptions to the district regulations set forth in TMC Title 18, Division 4, by the issuance of a permit maintaining conditions governing design, construction or operation of the exception so as to adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property:

(a) The reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or public enemy to the extent of less than 50 percent of its fair market value where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly. (Ord. 20206 § 78, 9-10-19; Ord. 18288 § 14, 7-13-04. Code 1995 § 48-34.12. Formerly 2.45.130.)