Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any wall declared unsafe by the Building Inspector.
A. If any nonconforming building shall be destroyed by any means to an extent of more than 75% of its fair market value, as determined by the Town Assessor after any necessary consultation with the Building Inspector and the Town Engineer, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all the regulations of this chapter for the district in which it is located, except as provided in Subsection
B.
B. If any nonconforming building shall be destroyed by any means to an extent greater than 50% but less than 75% of its fair market value, as determined by the Town Assessor after any necessary consultation with the Building Inspector and the Town Engineer, the Zoning Board of Appeals may, after application by the owner of the building, determine whether, and to what degree, reconstruction shall conform to the provisions of Subsection
A or of Subsection
C or of any combination thereof. The Board shall consider the extent of the nonconformity, the value of the original structure, the relationship of neighboring properties, conformity with the Town Development Plan and any other consideration it deems appropriate.
C. If any nonconforming building shall be destroyed by any means to
an extent less than 50% of its fair market value, as determined by
the Town Assessor, it may be restored and any accompanying nonconforming
use continued, provided that:
(1) The total cost of such restoration does not exceed the replacement
value of the destroyed portion of the building at the time of its
destruction.
(2) The resumption of an accompanying nonconforming use takes place within
18 months of the time of its interruption, which period may be extended
by the Building Inspector for a maximum of six months.
(3) The restoration is commenced within six months of the date of such
damage and completed within 18 months of said date, which periods
may each be extended by the Building Inspector for a maximum of six
months.
(4) Where such restoration can reasonably be accomplished so as to result
in greater conformity with this chapter, then the restoration shall
be so done.
A building that is conforming in use but does not conform to the height, yard, lot area, lot dimension, land coverage, off-street parking, loading, minimum house size or similar dimensional requirements of this chapter shall not be considered to be nonconforming within the meaning of §
355-66 and this section. No permit shall be issued that will result in the increase of any such nonconformities.
In order that nonconforming uses may be gradually brought into
greater conformity with the requirements of this chapter, or that
the adverse external effects of such nonconforming use may be reduced,
an applicant may present and the Planning Board may review, or the
Planning Board may propose a plan whereby, through landscaping, screening
and buffer areas, the control of noise, smoke, odors, lighting and
other external characteristics, architectural changes and the location
and layout of parking areas and access drives, or by other appropriate
means, will serve to reduce the adverse external effects of the nonconforming
use and improve its relationship to neighboring properties and the
community. As part of its review, the Planning Board shall determine
that the proposed modifications to the nonconforming use shall not
include any increase in the types of operation or intensity of such
uses, although they may involve the relocation and redesign of activities
and facilities on the property. Such plan shall be presented to the
Town Board which, after public notice and hearing, may approve such
plan. Within a period of not more than three years from the date the
Town Board approves such plan, the owner of the property where the
nonconforming use is located shall bring such use into compliance
with such plan as a condition of continuing its legal nonconforming
status under this chapter. The Town Board may, as a condition of approval,
require that all improvements be completed simultaneously, or in accordance
with a schedule established as part of any approval.