§ 48-126. Nonconforming use of a structure.

(a)

If a use involving individual structures or combinations of structures with a cumulative replacement cost of $5,000.00 or more exists that was legal at the time of its creation but would not be allowed in the district under the terms of this chapter, the lawful use may continue, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted by the regulations of the district in which it is located.

(2)

Any nonconforming use may be extended throughout any part of a structure which was manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(3)

Where a nonconforming use is superseded by a permitted use, the nonconforming use may not thereafter be resumed.

(4)

If the nonconforming use of any structure ceases for any reason for a period of more than 12 consecutive months, any subsequent use of the structure shall conform to the regulations specified by this chapter for the district in which such structure is located. For the purpose of this article, indicators of the cessation shall include, but not be limited to, no town water or no electrical service has been legally provided and consumed for the nonconforming use or structure in question for a period of 12 consecutive months.

(b)

A conforming structure with a nonconforming use may be repaired and maintained, subject to the following provisions:

(1)

On any structure containing a nonconforming use, work may be done on ordinary repairs, or on repair or replacement of nonloadbearing walls, fixtures, wiring or plumbing, provided that the cubic content or intensity existing when it became nonconforming shall not be increased.

(2)

If a structure containing a nonconforming use becomes dangerous to life, destroyed or unlawful due to lack of repairs and maintenance, the building inspector shall condemn the structure in accordance with G.S. 160A-426, and the structure may thereafter be restored, repaired or rebuilt provided that the cubic content or intensity of the existing nonconforming use is not increased, or that the use is changed to a use permitted by the regulations of the district in which it is located.

(3)

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be dangerous to life by any official charged with protecting the public safety, or upon order of such official when he has determined that there is a clear and immediate danger to the public safety.

(c)

A nonconforming structure with a nonconforming use may be repaired and maintained, subject to the following provisions:

(1)

On any nonconforming structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonloadbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of either the annually adjusted assessed tax value or independent appraisal value of the nonconforming structure, provided that the cubic content or intensity existing when it became nonconforming shall not be increased.

(2)

If a nonconforming structure containing a nonconforming use becomes dangerous to life, destroyed or unlawful due to lack of repairs and maintenance, where such destruction or lack of repairs and maintenance exceeds 50 percent of either the annually adjusted assessed tax value or independent appraisal value, the building inspector shall condemn the structure in accordance with G.S. 160A-426, and the structure shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(3)

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be dangerous to life by any official charged with protecting the public safety, or upon order of such official when he has determined that there is a clear and immediate danger to the public safety. However, when required repairs and maintenance exceed 50 percent of either the annually adjusted assessed tax value or independent appraisal value, the building inspector shall condemn the structure in accordance with G.S. 160A-426, and the structure shall not be repaired or rebuilt except in conforming with the regulations of the district in which it is located.

(Code 1990, § 22-206; Ord. No. 06-10-040, § I, 10-18-2006; Ord. No. 07-03-006, § I, 3-7-2007)