§ 65-21 Reconstruction Provisions
ZR § 65-21
In all districts, where the provisions of this Section are utilized, the provisions of Article V, Chapters 2 (Non-Conforming Uses) and 4 (Non-Complying Buildings) shall be modified to allow the reconstruction of buildings or other structures containing non-conforming uses and non-complying buildings or other structures, that were damaged due to the effects of the severe disaster, as follows:
(a)Section 52-53 (Buildings or Other Structures in All Districts), inclusive, shall be modified to allow the reconstruction of a non-conforming use where a building or other structure containing such use is damaged to the extent of 50 percent or more due to the effects of a severe disaster. In addition, for the purpose of this paragraph, the provisions of Section 52-60 (DISCONTINUANCE) shall not apply to such damaged building or other structure with non-conforming uses; and
(b)Section 54-40 (DAMAGE OR DESTRUCTION IN NON-COMPLYING BUILDINGS) shall be modified to allow the reconstruction of a non-complying building or other structure where such building or other structure is damaged to the extent of 75 percent or more due to the effects of a severe disaster.
For the purpose of applying waterfront and parking regulations, buildings reconstructed pursuant to this Section shall not be considered developments or enlargements.
