65-21 - Reconstruction Provisions

LAST AMENDED
5/12/2021


In all districts, where the provisions of this Section are utilized, the provisions of Article V, Chapters 2 (Non-Conforming Uses)
and 4 (Non-Complying Buildings) shall be modified to allow the reconstruction of #buildings or other structures# containing
#non-conforming# #uses# and #non-complying# #buildings or other structures#, that were damaged due to the effects of the
#severe disaster#, as follows:

(a)    Section 52-53 (Buildings or Other Structures in All Districts), inclusive, shall be modified to allow the reconstruction of a
        #non-conforming# #use# where a #building or other structure# containing such #use# is damaged to the extent of 50
        percent or more due to the effects of a #severe disaster#. In addition, for the purpose of this paragraph, the provisions of
        Section 52-60 (DISCONTINUANCE) shall not apply to such damaged #building or other structure# with #non-
        conforming# #uses#; and

(b)    Section 54-40 (DAMAGE OR DESTRUCTION IN NON-COMPLYING BUILDINGS) shall be modified to allow the
        reconstruction of a #non-complying# #building or other structure# where such #building or other structure# is damaged
        to the extent of 75 percent or more due to the effects of a #severe disaster#.

For the purpose of applying waterfront and parking regulations, #buildings# reconstructed pursuant to this Section shall not be
considered #developments# or #enlargements#.