maintenance or repair in excess of 50 percent (50%) of the current assessed value of the structure shall be approved by the Town Board of Commissioners.
e. Unsafe Use Due to Lack of Building Maintenance
(1) Unsafe Building . If a nonconforming structure or portion thereof containing a
nonconforming use becomes physically unsafe or unlawful due to the lack of repairs or maintenance as determined by the Land Development Ordinance and the North Carolina State Building Code regulations, and is declared to be an unsafe structure, it shall thereafter be rebuilt and repaired in conformance with the standards of Land Development Ordinance or demolished with proper permits from the Town of Fuquay- Varina’s Inspections Department. (2) Use of Reconstructed Building . The nonconforming use may reuse the same portion of the reconstructed building if occupied within two (2) months (60 days) of the date of the issued Certificate of Occupancy, after which time only a conforming use shall be permitted within the zoning district in which the use is located.
§9-1502 NONCONFORMING USES
Nonconforming uses are generally not permitted and are incompatible with the Land Development Ordinance. Nonconforming uses may continue specifically in accordance with the provisions of this Article as follows:
a. Enlargement or Expansion
A nonconforming use shall not be enlarged or expanded or altered in any way as follows:
(1) Structural or Alteration Changes . No structural or alteration changes shall be permitted which would increase the bulk of a building or structure housing a nonconforming use, unless such changes or alterations conform to all the provisions of the zoning district, the Land Development Ordinance, and the North Carolina State Building Code regulations, in which such use is located. (2) No Expansion of Existing Nonconforming Use . A nonconforming use shall not be enlarged or expanded beyond the area occupied, except that a nonconforming use may be enlarged in any area of the same structure in which it is manifestly designed for such use prior to the date of the use becoming a nonconforming use.
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