§ 400-95
Continuance
- A. Any use lawfully existing on the effective date of this chapter or any amendment thereto and not conforming to the use or dimensional regulations of the zone in which it is located shall be considered a "lawful nonconforming use." A lawful nonconforming use may be continued, except as provided below:
[Amended 7-11-2018]
- (1) No lawful nonconforming use shall be enlarged, extended, expanded, or increased without a special use permit from the Zoning Board of Review.
- (2) If a lawful nonconforming use is discontinued for a period of one continuous year, it shall not be allowed to be resumed without a special use permit from the Zoning Board of Review.
[Amended 5-18-2021]
- B. For the purpose of this chapter, the following actions shall indicate an intention to discontinue a lawful nonconforming use:
- (1) Removal of equipment, machinery, fixtures or inventory from the premises.
- (2) Leaving the property to the elements.
- (3) Use of the property for a conforming use.
- (4) Substitution of a different nonconforming use for that existing at the time of adoption or amendment of this chapter without a special use permit..
[Amended 7-11-2018; 5-18-2021]
- (5) Voluntary demolition of the structure.
- (6) Lapse of or failure to apply for license or permits necessary to the continuance of such nonconforming use.
- (7) Failure to appeal the denial of a permit to continue the prior use.