§ 27-243. Reconstruction, reestablishment, and restoration.

(a)

Without enlargement, extension, or relocation.

(1)

The restoration, reconstruction, or reestablishment of a nonconforming building or structure, or a certified nonconforming use, which has either been unintentionally destroyed by fire or other calamity, has temporarily ceased operation for the sole purpose of correcting Code violations, or has temporarily ceased operation due to the seasonal nature of the use, may be permitted without relocation, enlargement, or extension, provided that:

(A)

Where the building, structure, or use has been unintentionally destroyed by fire or other calamity, a building permit for restoration or reconstruction shall be issued within one (1) calendar year from the destruction date, and construction pursuant to the permit has begun within six (6) calendar months after the date of issuance (or lawful extension) of the permit, and proceeds to completion in a timely manner. If it has been destroyed for more than one (1) calendar year, the reconstruction, reestablishment, or restoration may only be permitted upon approval of a Special Exception in accordance with Part 4 of this Subtitle.

(B)

Where a certified nonconforming use has temporarily ceased operation, either for the sole purpose of correcting Code violations or because the nature of the nonconforming use is seasonal, such use shall be reestablished within one (1) calendar year from the date upon which operation last ceased.

(2)

The intentional demolition and reconstruction, reestablishment, or restoration of a certified nonconforming use on the same lot, which does not involve relocation, enlargement, or extension, is prohibited within the Safety Zones of the Military Installation Overlay Zone, but may be permitted outside of the Safety Zones of the Military Installation Overlay Zone only upon approval of a Special Exception in accordance with Part 4 of this Subtitle.

(b)

With enlargement, extension, or relocation.

(1)

The reconstruction or restoration of a nonconforming building or structure, or a certified nonconforming use, which has been unintentionally destroyed by fire or other calamity and which involves an enlargement, extension, or relocation, may be permitted only upon approval of a Special Exception in accordance with Part 4 of this Subtitle.

(2)

The intentional demolition and reconstruction of a certified nonconforming use on the same lot, which involves relocation, enlargement, or extension, is prohibited within the Safety Zones of the Military Installation Overlay Zone, but may be permitted outside of the Safety Zones of the Military Installation Overlay Zone only upon approval of a Special Exception in accordance with Part 4. The requirement for a Special Exception shall not apply to the replacement of a mobile home, provided the new mobile home does not exceed one thousand and fifty (1,050) square feet in size.

(3)

Notwithstanding any other provision within this Section, the reconstruction or restoration of a nonconforming building or structure, or a certified nonconforming use involving an enlargement, extension, or relocation of uses, buildings, or structures considered non-conforming pursuant to the provisions of Section 27-548.53 of this Subtitle is prohibited.

(CB-97-1992; CB-42-2015)