Land Development Ordinance - Amended 4-2-2024

nonconforming use is occupying the structure or property, or open to the public, or operating under normal business hours on a day-to-day basis. A nonconforming use that has discontinued for the prescribed time in accordance with §9-1502 Nonconforming Uses of this Article shall only be used as a conforming use. Maintaining the utilities, services accounts, or lease, but where the nonconforming use is no longer occupying the structure or property or the business use is no longer operating on a day to day basis under normal business hours shall not constitute a continuation of a nonconforming use.

C. Additional Documentation . Such additional documentation as may be deemed necessary or reasonable by the Planning Director or his/her designee.

b. Relocation of a Building or Structure

No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved and the use thereof is made to conform to the regulations of the zoning district in which such building or structure is located in accordance with the Land Development Ordinance.

c. Repairs Pursuant to a Public Order

In order to accomplish and maintain the objectives of this Article without posing any hazard to the public or occupants of any nonconforming buildings and structures, nothing in this Article shall be deemed to prevent the strengthening or restoration of an unsafe structure in accordance with any order of a public official who is charged with protecting the public health, safety and welfare, and who finds that the structure which is the subject of the order is declared an unsafe structure in its present condition, and that repair or restoration is not in violation of the provisions of this Article governing the restoration of partially damaged or destroyed structures and/or signs.

d. Normal Maintenance & Repair

Normal maintenance and repair of structures where nonconforming uses and/or nonconforming structures are located may be permitted where maintenance is ordinary repairs of existing wiring, plumbing, mechanical, painting, water damage, insect damage, rotting or damage due to circumstances beyond the control of the property owner or nonconforming use. Maintenance or repairs performed are permitted in any 12 consecutive months, and to the extent that the maintenance or repairs do not exceed 50 percent (50%) of the current assessed value of the structure and provided further that the structure existing after the date it became nonconforming shall not be increased or expanded, except pursuant to the regulations of this Article. Any

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