Part 2 — Unified Development Ordinance Zoning Regulations
City of Andover Unified Development Manual

2. Declared Unsafe. If a public official charged with protecting public safety declares that a structure devoted in whole or in part to a nonconforming use is unsafe, and orders its restoration to a safe condition, nothing in these Zoning Regulations must prevent compliance with that order. a. Such a restoration must not violate Section 9-103D of these Zoning Regulations. D. Damage. 1. If a structure devoted in whole or in part to a nonconforming use is damaged by any means except flooding, to the extent of 50% or less of its fair market value , a zoning permit must be obtained before any repairs or restoration occur. a. Restoration must begin within 1 year after the date of damage, and must be diligently pursued to completion. 2. If a structure devoted in whole or in part to a nonconforming use is damaged by any means except flooding, to the extent of more than 50% of its fair market value , the structure must not be restored unless it and its use will afterwards conform to all its zoning district regulations. 3. The percent of damage in terms of fair market value is determined by the Zoning Administrator, based on data submitted by the Applicant. a. An Applicant aggrieved by the Zoning Administrator's determination may submit an appeal to the Board of Zoning Appeals. (See Zoning Regulations, Section 11-108.)
E. Relocation. 1. No part of a structure devoted in whole or in part to a nonconforming use must be moved, for any distance whatever, to any other location on the same or any other lot, unless the entire structure and its use will afterwards conform to all the zoning district regulations of the location to which it is moved. (See Zoning Regulations, Section 3-106 on relocating structures.) 2. No nonconforming use of land must be moved in whole or in part, for any distance whatever, to any other location on the same or any other lot, unless the use will afterwards comply with all the zoning district regulations of the location to which it is moved. F. Discontinuation or Abandonment. 1. If a nonconforming use is discontinued or abandoned for the following periods of time, it must not be reestablished or resumed. a. Nonconforming use of part or all of a structure , whether or not designed and intended for a permitted use in its zoning district: 12 consecutive months . b. Nonconforming use of land which has no structure or only an accessory structure: 6 consecutive months . 2. Following discontinuation or abandonment, any subsequent use or occupancy must comply with all applicable zoning district regulations. 3. Discontinuation or abandonment is determined regardless of any intent to resume the nonconforming use, or lack of intent to abandon. G. Nonconforming Accessory Uses. When a nonconforming principal use ceases, any use accessory to that principal use must also cease.
Main TOC Zoning TOC Nonconforming Lots, Structures & Uses

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