Nothing in this chapter shall be deemed to require a change
in the plans, construction, or authorized use of any structure for
which a building permit was lawfully issued prior to the effective
date of the adoption or amendment of this chapter.
Any nonconforming development illegally established prior to
the effective date of this chapter shall not become legally established
by virtue of such enactment or subsequent amendment.
Abandonment of a nonconforming use shall consist of some overt
act, or failure to act, which would lead one to believe that the owner
of the nonconforming use neither claims nor retains any interest in
continuing the nonconforming use unless the owner can demonstrate
an intent not to abandon the use. An involuntary interruption of a
nonconforming use, such as by fire and natural catastrophe, does not
establish the intent to abandon the nonconforming use, although the
owner may be limited with respect to the repair or rebuilding of such
a use in accordance with § 255-840F. However, if any nonconforming
use is halted for a period of one year, the owner of the nonconforming
use will be presumed to have abandoned the nonconforming use, unless
that presumption is rebutted by the presentation of sufficient evidence
of intent not to abandon the use.
[Amended 11-28-2023 by Ord. No. 2023-4]
A.
A nonconforming structure may be continued provided that it
conforms to the requirements of this section.
C.
Any nonconforming structure may be altered to decrease its nonconformity.
D.
A nonconforming structure which is demolished or removed in
whole or in part by the voluntary and lawful action of the owner or
other authorized party shall not be rebuilt or replaced unless it
conforms with this chapter.
E.
Any nonconforming structure shall not be moved in whole or in
part unless such structure conforms to the requirements of the district
in which it is to be located.
F.
Any nonconforming structure located in an industrial or commercial
zone which is damaged by any manner or cause whatsoever in excess
of 75% of its current market value shall not be repaired or replaced
except in conformity with this chapter. The Building Inspector or
Zoning Enforcement Officer shall determine the restoration cost of
the damaged structure. In determining this cost, only the cost of
the structure itself shall be considered. If the extent of damage
is less than 75%, the structure may be repaired and rebuilt provided
that such repair or reconstruction does not occupy a larger footprint
than the damaged structure unless it can do so in conformance with
the dimensional regulations in § 255-610.
G.
Any nonconforming residential structure located in a residential
district which is damaged or destroyed by other than the voluntary
and lawful action of the owner or other authorized party may be repaired
or rebuilt provided that such repair or reconstruction does not occupy
a larger footprint than the damaged structure unless it can do so
in conformance with the dimensional regulations in § 255-600.