§ 240-130.4. Continuation; changes to use; damaged structures.

A. 

Continuation. Legally established structures, uses and site improvements in existence at the time of the adoption of this section shall be allowed to continue.

B. 

Change, expansion or alteration of uses and structures.

(1) 

As of right.

(a) 

The normal and customary repair and maintenance of a building or structure is permitted as of right.

(b) 

The alteration and expansion of a building or structure is permitted as of right, provided that the alteration or expansion conforms in all other respects with all applicable requirements of this chapter.

(2) 

By special permit. Alterations or expansions of a building or structure that do not qualify under as-of-right provisions shall be permitted only by a special permit from the Zoning Board of Appeals, the special permit granting authority (SPGA) for the CVD. In granting such special permit, the Board must find that the proposed alterations and/or expansion are not substantially more detrimental, by standards set out herein, to the surrounding neighborhood under this chapter, § 240-130.1A, Purposes and intent, § 240-130.3A, Use limitations, and, where applicable, § 240-130.2, Definitions.

C. 

Special permit for dimensional relief. The SPGA may provide relief from minimum lot area, minimum lot frontage, maximum building setback, minimum yard setbacks, facade length requirements, and ground floor window requirements when such relief ensures that the proposed development is consistent with the § 240-130.1A, Purposes and intent, and the applicant demonstrates undue hardship without desired relief.

D. 

Re-establishment of damaged or destroyed building or structure.

(1) 

The re-establishment of a previously legally established use and/or building or structure which has been destroyed or damaged by fire, acts of nature or other catastrophe shall be permitted as of right, provided that the Building Commissioner has determined that all the following conditions are met:

(a) 

The reconstruction or repair will not, as determined by the Building Commissioner, materially increase the gross floor area or height of the building or structure beyond that which previously existed, nor materially increase the footprint of the structure, or materially change the grade.

(b) 

If the building's location on the lot is to be changed, it will change in a manner that will be closer to complying with the dimensional and bulk regulations.

(c) 

The reconstruction or repair will not constitute an expansion or intensification of any use.

(d) 

In the case of any use in which it would otherwise be required, the site plan review process has been followed.

(e) 

Design and architecture of damaged or destroyed buildings and structures in existence at the time of the adoption of this regulation may be replicated. If the Building Commissioner finds that the structure is to be rebuilt to replicate what existed before the damage or destruction, the CVD design guidelines do not apply.

(f) 

A building permit has been applied for within two years from the date of damage or destruction.

(2) 

Discontinuance: Any legally established structure which no longer complies with the provisions of the CVD that has been damaged or destroyed shall be discontinued unless a building permit has been applied for within two years from the date of damage or destruction, and construction is continuously pursued to completion.