Prior certificate of nonconformity. If a property has been previously issued a certificate for a nonconforming structure or a certificate for a structure containing a nonconforming use and said nonconforming structure is subsequently partially damaged or destroyed, then the landowner has a right to demolish and rebuild as follows:

No prior certificate of nonconformity. If the property did not have a certificate for a nonconforming structure or a certificate for a nonconforming use prior to the preexisting nonconforming structure being partially damaged or destroyed, the zoning officer shall issue to a property owner a zoning permit for any lawful preexisting nonconformity so long as the property owner can prove to the zoning officer that the lot, use or structure was lawfully in existence as of the time of the enactment of the ordinance with which the lot, use or structure is in violation. The property owner may then proceed in compliance with § 042-040.A.

C-1 Zoning District. Within the C-1 Zoning District only, a lawful preexisting nonconforming structure with respect to front yard setback requirements, which contains a conforming use and for which the nonconforming structure has been issued a certificate of nonconformity, may be demolished and rebuilt at the existing nonconforming setback line, provided that the following conditions are met: