[Amended 5-9-2011 by L.L. No. 3-2011]
Nothing in this section shall be deemed to prohibit work on
any nonconforming building or other structure, or any building or
any structure or part thereof devoted to a nonconforming use, when
required by law to protect the public health or safety. Nothing in
this section shall be deemed to prohibit ordinary repair and maintenance
of a nonconforming building or other structure or, except in the case
of nonconforming signs, replacement of existing materials with similar
materials.
[Amended 5-9-2011 by L.L. No. 3-2011]
If any nonconforming building or structure or any building or structure containing a nonconforming use shall be damaged by fire or other casualty or removed pursuant to Chapter
67, such building or structure, except nonconforming signs, may be restored and any such nonconforming use resumed to the extent that such building, structure or use existed at the time of the casualty, but the reconstruction shall comply with the current design standards, bulk requirements and setbacks to the greatest extent practical. Restoration will be started within a period of one year from such casualty and diligently prosecuted to completion. In the event of failure to start such restoration within the one-year period and to complete the same within 24 months thereafter or within such additional periods, not exceeding six months, as the Zoning Board of Appeals may grant upon written application made to it, the right under this subsection to restoration of such building or other structure and the right to resume any such nonconforming use shall be lost and terminated. The Zoning Board of Appeals may grant, upon written application made to it, an extension of the time within which restoration must be started for an additional period not exceeding one year, upon good cause shown.
Nothing under this article shall prevent any residential buildings
from being repaired or rebuilt in the event of fire or other casualty,
but the reconstruction shall comply with the current design standards,
bulk requirements and setbacks to the greatest extent practical within
the confines of the parcel. The decision as to what is the greatest
extent practical shall be in the sole reasonable discretion of the
Town Building Inspector and/or Code Enforcement Officer.