25.3.D Destruction of Structures Containing a Nonconforming Use

1.  Structures containing a legally nonconforming use that are in whole or in part destroyed by force majeure or acts of public enemy may be restored and the use continued, provided that the restoration is accomplished with no increase in cubical content, no increase in floor area, no increase in the number of dwelling units over the building existing immediately prior to damage, and no intensification of the non-conforming use.

2.  Application for a restoration permit shall be made within one (1) year of the destruction. Restoration shall be completed within one (1) year from the date of the issuance of the restoration permit unless an extension is approved by the Board of Zoning Adjustments. Requests for extensions shall be submitted to the Board of Zoning Adjustments prior to the expiration date on the building permit. The applicant must be able to demonstrate that unforeseen circumstances beyond their control caused the inability to complete restoration within the one (1) year. In no event shall the Board of Zoning Adjustments extension be greater than one (1) year.