A.
If, at the time of enactment of this chapter, any legal activity
is being pursued or any lot or structure legally utilized in a manner
or for a purpose which does not conform to the provisions of this
chapter, such manner of use or purpose may be continued as herein
provided.
B.
If any change in title of possession or renewal of a lease of any
such lot or structure occurs, the use existing may be continued.
C.
If any nonconforming use (structure or activity) is discontinued
for a period exceeding two years, after the enactment of this chapter,
it shall be deemed abandoned; any subsequent use shall conform to
the requirements of this chapter. For the purpose of this section,
such seasonal and temporary uses as crab houses, oyster houses, oyster
shucking houses, sawmills and food processing activity shall be exempted.
D.
Whenever a nonconforming structure, lot or activity has been changed
to a more limited nonconforming use, such existing use may only be
changed to any even more limited use.
E.
Temporary seasonal nonconforming uses that have been in continual
operation for a period of two years or more prior to the effective
date of this chapter are excluded.
The construction or use of a nonconforming building for which
a building permit was issued legally prior to the adoption of this
chapter may proceed, provided that such building is completed within
one year after the effective date of this chapter.
Work may be done on any building devoted in whole or in part
to any nonconforming use in any period of 12 consecutive months on
ordinary repairs or on repair or replacement of nonbearing walls,
fixtures, wiring or plumbing, to an extent not exceeding 10% of the
current replacement value of the structure, provided that the cubic
content of the structure as it existed at the time of passage or amendment
of this chapter shall not be increased. Nothing in this chapter shall
be deemed to prevent the strengthening or restoring to a safe condition
of any structure or part thereof declared unsafe by an official charged
with protecting the public safety upon order to such official.
Whenever the boundaries of a district are changed, any uses
of land or buildings which become nonconforming as a result of such
change shall become subject to the provisions of this chapter.
The expansion or enlargement of a nonconforming structure existing,
or of a nonconforming activity being carried on, on a lot, on the
effective date of this chapter is permitted, provided that such expansion
or enlargement is in accordance with the setback, yard, height and
other provisions of this chapter relating to the zoning district in
which the lot is located. Where expansion or enlargement of a nonconforming
structure existing, or of a nonconforming activity being carried on,
on a lot, on the effective date of this chapter cannot comply with
the setback, yard, height and other provisions of this chapter relating
to the zoning district in which the lot is located, the Zoning Administrator
may waive any one or all of these requirements and allow use of any
or all of the setback, side and rear yard lines as required in the
appropriate zoning district as of June 21, 2007.
A.
Notwithstanding any other provision of this chapter, any unimproved
lot legally of record in this County prior to June 21, 2007, the effective
date of this chapter, may be used for residential purposes if the
buildings to be constructed on the same shall be placed so as to meet
the setback, side and rear yard lines established by this chapter
or other legal act of the governing body, and subject to approval
of the Health Official.
B.
Where any such unimproved lot recorded as of June 21, 2007, cannot
meet the setback, side and rear yard lines herein established, the
Zoning Administrator may waive any one or all of these requirements
and allow use of any or all of the setback, side and rear yard lines
as required in the appropriate zoning district as of June 21, 2007.
Where any such unimproved lot cannot meet the setback, side and/or
rear yard lines herein established or required on June 21, 2007, the
Board of Zoning Appeals may consider each lot on an individual basis
and may grant such variance as may be required to permit the use of
such lot for residential purposes, subject to approval of the Health
Official.
C.
Nonconforming unimproved corner lots located in subdivisions established
prior to the enactment of this chapter are exempted from the requirement
that the side yard on the side facing the street be 35 feet or more
for both main and accessory buildings and instead are allowed a minimum
of 10 feet.
Automobile graveyards and junkyards in existence at the time
of the adoption of this chapter are to be considered as nonconforming
uses. They shall be allowed up to three years after the adoption of
this chapter in which to completely screen, on any side open to view
from a public road, the operation or use by a masonry wall, a uniformly
painted solid board fence or an evergreen hedge six feet in height.
A.
If a nonconforming activity or structure is damaged in any manner,
reconstruction of said activity or structure is permitted, provided
that the reconstructed activity or structure is no more nonconforming
than the original with regard to provisions contained in this chapter.
B.
If a nonconforming activity or structure is 100% destroyed, such
activity or structure shall not be reconstructed except in full compliance
with this chapter.
C.
The cost of land or any factors other than the cost of the structure
are excluded in the determination of cost of restoration for any structure
or activity devoted to a nonconforming use.
