Any nonconforming building or structure, if damaged or destroyed from any cause to the extent, as determined by the Building Inspector in consultation with the Town Assessor, of over 75% of the current value of such structure above the foundation, shall not be rebuilt or restored for the continuance of a nonconforming use therein. Such building or structure, if damaged to the extent, as determined by the Building Inspector, of less than 75% of the current value of such structure above the foundations, may be restored in the same location, provided that it is not enlarged or extended, it is made substantially to conform to the height and yard requirements applicable to the district in which it is located and the Zoning Board of Appeals grants a variance permitting the restoration and continuance thereof without enlargement or extension of any previously existing nonconforming use therein, subject to the provisions of Article
VII herein and to such additional limitations and safeguards as the Zoning Board of Appeals may deem necessary in the public interest for the protection of nearby conforming uses. Any building or structure made nonconforming by the reductions in permitted density in the OB, OB-1, LOB, PD and CB Districts by an amendment to this chapter adopted as Local Law No. 3 of 1987 may be reconstructed at its original density if damaged or destroyed. Application for a permit to build or restore the damaged portion of any building or structure damaged or destroyed as set forth in the preceding paragraph shall be filed within six months of the day of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated.
[Amended 7-8-1987 by L.L. No. 3-1987]