Destruction

A lawful nonconforming use or structure which is damaged or destroyed by fire, storm or other act of God, may be reconstructed or re-established in the same location and to the same size, extent or intensity as that existing prior to such damage or destruction, provided that such reconstruction or re-establishment shall be commenced within one (1) year after said damage or destruction, and a diligent effort is made to complete the necessary work. If such action is not taken within a one-year period, then the owner will be presumed to have abandoned the nonconforming use or structure, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.