Zoning 1107 Requirements for Nonconforming Uses

Following a determination by the Commission of the existence of a legal nonconforming use, the use shall comply with the following requirements: 1) A nonconforming use may be continued by the present or future property owner. 2) As allowed by the Act, a legal nonconforming use may be extended through the same building, provided no structural alteration of the building is proposed or made for the purposes of the extension. For the purposes of this subsection, the addition of a solar energy device to a building is not a structural alteration. 3) Necessary maintenance and repairs may be made to a structure housing a legal nonconforming use by following the procedures for a Land Use Application approval, permit, or license, including the issuance of a Building Permit, for such maintenance and repairs. 4) The County may require the termination of a legal nonconforming use by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of investment in the nonconforming use. 5) The County may not terminate a nonconforming use of a structure that is involuntarily destroyed, in whole or in part, due to fire or other calamity unless the use has been abandoned. 6) A nonconforming use of a structure shall terminate if: a) The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six (6) months after written notice is provided to the property owner, by the Zoning Administrator or Building Official, that the structure is uninhabitable and that the nonconforming use will be lost if the structure is not repaired or restored within six (6) months. b) The property owner has voluntarily demolished a majority of the building that houses the nonconforming use. 7) Change in Use. A nonconforming use may only be changed to a use allowed in Appendix A, Table of Uses, for the Zoning District in which the property is located by following the Land Use Application approval procedures for such new use, as required by this Ordinance.