Exceptions to nonconforming uses, structures and lots.
(a)
Act of God. If an act of God or other force beyond the control of the owner occurs which destroys or damages a nonconforming building or any portion of a nonconforming building, such building or portion thereof may be rebuilt as it existed prior to the destruction or damage on the same lot or parcel on which it was constructed within the same footprint as long as it complies with all other existing regulatory codes and provisions of the land development regulations, and the permit for said construction is applied for within 36 months of the date the destruction or damage occurred.
For purposes of this section, vertical extension of an existing roofed or covered patio to meet elevation requirements shall not be deemed an increase in encroachment or creation of a new nonconformity, provided that the encroaching portion remains an open porch and is not made a part of the enclosed structure.
(b)
Tear down. Where a lawful building exists at the time of the effective date of the ordinance from which this section derives, and subsequently the owner of record desires to tear down said building and rebuild a new building, but would no longer be able to by reason of restrictions on area, lot coverage, or setbacks or of the subject lot, said new building may be constructed within the same footprint so long as it complies with all other existing regulatory codes and provisions of the land development regulations and remains otherwise lawful, and the permit for said construction is applied for within 18 months of the date that the permit to tear down the building is issued.
(Ord. No. 2026-02, § 1, 3-16-26)