The regulations and requirements contained herein have been formulated in accordance with the Town of Astatula Comprehensive Plan, with reasonable consideration, among other things, to the prevailing land uses, natural and historic resources, growth characteristics, and the character of the respective districts and their peculiar suitability for particular uses, and to encourage the most appropriate use of land throughout the Town.

In their interpretation and application, the provisions of this code shall be deemed the minimum requirements to:

1.

Promote the public health, safety and general welfare;

2.

Protect the character and maintain the stability of residential, commercial, manufacturing, agricultural, educational, cultural, recreational, historical and environmental areas within the Town;

3.

Provide adequate light, air, privacy and access to property;

4.

Avoid undue concentration of population by regulating and limiting the density, intensity, height and bulk of buildings;

5.

Provide open space around buildings;

6.

Provide open spaces and recreation facilities;

7.

Limit congestion in public streets by providing for off-street parking;

8.

Ensure safe and convenient traffic flow;

9.

Define the powers and duties of the Planning and Zoning Commission and appointed administrative officers;

10.

Ensure adequate utilities;

11.

Ensure adequate drainage and drainage control;

12.

Ensure the new development is served with necessary services and improvements without being a burden on the taxpayers of the Town;

13.

Ensure that all future development orders and permits for both new and existing projects comply with this code.

It is not the intent of the Town to interfere with or annul any lawful easements, covenants, or other agreements between parties; provided, however, that where this code imposes a greater restriction upon the use of buildings or premises than are imposed or required by other resolutions, rules, regulations or by lawful easements, covenants or agreements, the provisions of this code shall control. All development shall conform with the Comprehensive Plan. The density of any development shall not exceed the densities designated in the Future Land Use Element of the Comprehensive Plan unless otherwise provided for in this code.

2.2.1.

Establishment and Purpose. It is hereby established that all applications and plans will be accepted by the Town Clerk and forwarded to the Town's consulting planner and consulting engineer and legal consultant for the initial review of development proposals for compliance with the provisions of this code.

2.2.2.

Duties and Responsibilities. The Town's consulting planner, consulting engineer, and legal consultant shall review and make written recommendations on the following:

1.

Annexations;

2.

Comprehensive Plan Amendments;

3.

Rezonings;

4.

Subdivision Plats;

5.

Site Plans;

6.

Conditional Uses;

7.

Variances;

8.

Changes to the Land Development Code.

2.2.3.

Deposit for Review of Applications and Plans. No review of an Application or plan shall commence until the Application Fee and any Review Deposit are paid. Fees sufficient to cover the costs of regulation, review. administration, inspection, mailing and publication of notices, and other costs and expenses relating or pertaining to the processing or defense of development related activities pursuant to the Land Development Regulations may be charged to Applicants. Unless otherwise set forth in the Land Development Regulations, there will be no charge for the initial information and inquiry form review and pre-Application conference. The total development review amount shall be paid at the time the Application is submitted.

2.2.3.

Review Deposits.

1.

Required Review Deposits. A Review Deposit, payable to the Town of Astatula by money order, personal or company check or cashier's check drawn on a financial institution authorized to do business in Florida shall be delivered to and collected by the Town at the time of submission of each Application . The amount of the Review Deposit for each type of Application shall be set by the Town Council by resolution. In the event the initial Review Deposit is depleted when the Town pays its expenses, the Town Clerk shall notify the Applicant of such depletion all work on the Application shall cease until the deposit is replenished to the original deposit amount, unless waived pursuant to this section.

2.

Partial or full waiver of Review Deposit; additional deposit. At any time, an Applicant may petition the Town Council to waive, in full or in part, the Review Deposit. If based upon the information provided by the Town staff, consultant(s), and the Applicant, and within the Town's sole and absolute discretion, the amount of the Consultants' fees, costs and expenses, will be substantially less than the required deposit, the Town may fully or partially waive a Review Deposit. Further, in the event that Town staff or the Town consultant(s) believe that an Application will require more time or effort than usual. Town staff may petition the Town Council to require an additional deposit before review of the Application. The Town Council may delegate authority under this section to the Mayor or any Council Member.

3.

Reimbursement of Review Deposit to Applicant. The remaining balance of the Review Deposit, if any, shall be returned to the Applicant within ten business days of the Town's payment of the last invoice related to the Application, as more specifically set forth in section 2.2.4. No interest shall be paid to Applicant on any Review Deposit on account with the Town.

2.2.4.

Project Account. Once an Application pertaining or relating to an Application has been submitted to the Town, and the total review amount has been collected, the Town Clerk, or the Town Clerk's designee, shall establish an individual project account in which the review deposit shall be deposited. Application fees shall not be deposited in or charged to the project account. All fees, expenses, and costs incurred by the Town which are directly attributable to the Application will be reimbursed to the Town from the Review Deposit in the project account. The project account will be maintained throughout the entire review, processing, inspection, and regulation process. When the Application is final, the Town Clerk shall make final payment for all invoices related to the Application. The Application shall be considered final upon the later of the following:

(a)

Final action (after all appeal periods have run) by the Town council has occurred with respect to the Application;

(b)

No further involvement of the Town staff or consultants is expected to occur, as determined by the Town Clerk; or

(c)

Applicant has paid all costs or expenses affiliated with the Application.

2.2.5.

Town Invoices.

1.

Mailing of Invoices. The Town Clerk shall, at the end of each month, calculate the costs, expenses and fees incurred by the Town for each Application for which a review deposit is required and send an invoice to the Applicant for payment. The Applicant shall have ten days from the date of the invoice to pay to the Town the invoiced amount. Thereafter, if payment is not received in the required time, the Town Clerk shall apply the Review Deposit toward payment for the invoiced amounts. If the total of the costs, expenses, and fees incurred by the Town for an Application for which a Review Deposit is required exceeds the Review Deposit, and payment is not received in the required time after invoicing, then the Town Clerk shall apply the review deposit to the unpaid portion of the invoice and send a notice of nonpayment to the Applicant for the remaining amount of the invoice. The Town Clerk shall also send a notice to the Applicant and to all Town staff and Town consultants associated with the subject Application or project, instructing them to cease all work relating to such Application or project unless and until further notified by the Town Clerk. A copy of such notice shall be sent to the Applicant.

2.

Cessation of Work. Upon receipt of the notice set forth in section 2.2.5(1), work by the Town staff and Town consultants on the Application or project shall cease, and neither building permits, certificates of completion, temporary certificates of occupancy, nor certificates of occupancy will be issued with respect to such real property. Continuation of the review of the Application or project with respect to the real property for which payment was not made will not be undertaken by the Town until such time as all outstanding fees, costs and expenses due under this section are paid in full and a new Review Deposit paid to the Town.

3.

Additional Costs. If the Town grants an Applicant approval on an Application or project or issues a building permit, certificate of completion, temporary certificate of occupancy, certificate of occupancy, or other development order, and additional fees, costs, expenses or such other obligations attributable to the Application are thereafter posted to the project account for work that is associated with said approval or issuance, the Applicant or his/her successor in interest shall pay said costs, fees and expenses incurred by the Town for such Application. The Town shall send an invoice to the Applicant or successor for such fees or expenses, and the Applicant or successor shall reimburse the Town for such fees or expenses within ten days of the date of such invoice.

4.

Deficiency and Liens. Failure to pay an invoiced amount within the requested time shall constitute a violation of this section. Any deficiency owed to the Town, whether incurred before or after project approval, shall bear interest from the date of the aforementioned notice of non-payment at the rate of 18 percent interest per annum, or the highest rate permitted by law, until paid. The amount of any such deficiency owed to the Town shall, together with interest and the costs of collection as hereinafter provided, be the personal obligation of the Applicant and shall be a continuing lien on the real property related to the Application or project under review. Any subsequent or new Owner of the real property related to the Application or project shall take title subject to the obligations of the Applicant under the terms of this section and shall be jointly and severally liable for such obligations. An Applicant may not escape liability for the deficiency by abandonment of the Application or project, withdrawal or denial of such Application, or sale of the real property with respect to which such Application has been submitted. If the initial or subsequent invoices are not paid in a timely fashion, and the invoiced amount exceeds the amount of the review deposit, the Town may take whatever legal means it deems appropriate to collect the deficiency, including, but not limited to, retaining the services of a collection agency or attorney; initiating legal proceedings for the collection thereof; recording a notice of lien as herein provided, or using the procedures and remedies available under this division; and foreclosing same in the same manner as mortgage liens are foreclosed.

a.

If the project is subject to the provisions of a development agreement, and the Applicant is found to be in default of such development agreement for failure to pay development costs, then it would be considered a default of that agreement, and whatever remuneration or remedies such development agreement calls for would be applied, as opposed to the provisions called for in this section. During the process of formulating a development agreement, if an Applicant wishes for the development agreement to provide for alternative provisions regarding payment of development costs, the burden is upon the Applicant to request that Council approve alternative provisions at the time of the public hearing on approval of the development agreement. Council, at its sole discretion, may approve such alternate payment provisions.

2.2.6.

Required Payments. Payment for all costs, expenses and fees incurred by the Town is a requirement for the Town's final approval of all land development Applications and projects.

2.2.7.

Assessable Costs, Expenses, and Fees.

All direct costs, expenses and fees incurred by the Town that relate directly to the review. processing, inspection, regulation or defense of an Application, including, but not limited to, expenses incurred by Town consultants who review or defend the Application at the direction of the Town, as well as other expenses related directly to advertising, surveying, legal review and/or engineering review for an Application or project shall be assessed to the Applicant and reimbursed to the Town. Assessable expenses shall not include the cost of Town employee clerical time in administratively reviewing, processing, coordinating, and disseminating the Application and related documents during the development review process. Such clerical time shall be deemed to have been reimbursed by the Application Fee.

Town consultants shall submit records of their time, fees, costs, and expenses to the Town Clerk, and such fees, costs and expenses shall be invoiced to the Applicant on a dollar-for-dollar basis for services provided under the direction of the Town to review. The rates charged to the Applicant for said services shall not exceed those charged to the Town.

2.2.8.

Objections/Appeal. Any objection to any invoice or to any matter set forth in this section, including the amount of a Review Deposit, must be set forth in writing and addressed and delivered to the mayor on or before the tenth day after the date of the relevant invoice. In the event the mayor denies the objection in writing, the Applicant shall have ten days after the date of the mayor's written decision to file an appeal of such decision with the Town Clerk, which appeal shall be heard by the Town council at the next regularly scheduled council meeting. All objections and appeals shall set forth in detail the reasons and evidence upon which the objection and appeal are based. Failure of the Applicant to establish beyond a preponderance of the evidence that an invoice is not appropriate and is not based upon competent substantial evidence, shall result in a denial of the objection and appeal.

2.2.9.

Attorney's Fees In The Event Of Failure To Pay Review Costs. In the event the Town is required to enforce this section, then the Town shall be entitled to recover from the Applicant all costs and expenses incurred, including but not limited to, its reasonable attorneys' fees, paralegal fees and other costs and expenses, whether incurred prior to, during, or subsequent to court proceedings or on appeal, and/or in any bankruptcy proceedings involving the Applicant, the real property and/or the project being reviewed.

2.2.10.

Change of Ownership. An Applicant shall provide prompt written notice to the mayor in the event of a change in Ownership of all or a portion of a lot, tract, or parcel of real property with respect to a pending Application or project. Such notice shall include the name, address, phone numbers, and other contact information of the new Owner and a legal description of the lot, tract or parcel of real property now owned by the new Owner. A new Owner:

(i)

Shall not be entitled to utilize or draw upon any review deposit previously paid to the Town by the original Applicant, unless the original Applicant authorizes, by affidavit, the use his/her Review Deposit by the new Owner;

(ii)

Shall be liable to the city for all fees, costs and expenses related to the lot, tract or parcel of real property which arise subsequent to the date the new Owner acquires title to such real property; and

(iii)

May be required by the Town to pay a review deposit in the same manner as a new Application, in which case a separate project account will be opened in the name of the new Owner or the new Owner's authorized agent.

If a Review Deposit is required, no work shall be undertaken by the Town or its consultants with respect to the lot, tract or parcel of real property under control of the new Owner until the Review Deposit is paid to the Town. Until such time as the Town receives such written notice of a change in Ownership, the original Applicant shall be jointly and severally liable to the Town for all fees, costs and expenses associated with the Application or project; provided, however, that upon receipt by the Town of a notification of change of Ownership, the original Applicant shall no longer be liable to the Town for fees, costs and expenses incurred by the Town which arise after receipt of the notification of change of Ownership, and the new Owner shall be solely liable to the Town for all such fees, costs and expenses associated with the Application or project activities subsequent to the date of receipt by the Town of such notification. Additionally, the original Applicant may be entitled to a refund of any Review Deposit balance as of the date said change of Ownership notice is received by the Town, provided all assessable costs, expenses and fees hereunder and incurred to that date are paid in full and the original Applicant has not authorized ownership of his/her Review Deposit by the new Owner.

2.2.11.

Agreement to Be Bound By This Section. Submission of an Application shall constitute the consent and agreement for the Applicant and the Owner, if the Application is being executed by the Owner's authorized agent, to be bound by the provisions of this section.

2.2.12.

Liens.

1.

The express intent of this section is to provide a method whereby the Town can recover unpaid fees, costs, and expenses relating or pertaining to the processing or defense of development related activities pursuant to this section inuring to the benefit of private property.

2.

Satisfaction. Liens may be satisfied upon full payment, or the Town council may settle and satisfy liens at amounts less than the total amount of liens.

3.

Notices of Lien.

a.

The mayor is granted the authority to record liens consistent with this section in the public records of Lake County, and may include in such liens all recording costs, interests, costs of mailing pursuant to this section, and attorney fees incurred by the Town associated with such liens.

b.

Within ten days after a lien against a property is recorded in the public records of Lake County, the mayor, or designee, shall mail by certified mail with a return receipt requested, and U.S. mail to the property Owner of record a notice of lien, informing the property Owner of the existence of the lien, the amount of the lien plus accrued interest and penalties, if any, and the services rendered by the city for which such lien was imposed. If more than one person owns the property, notice to one Owner shall be conclusively deemed notice to all Owners.

4.

Appeal of lien.

a.

Within 30 days after a notice is received by the property Owner, the property Owner may file an appeal to the Town council as set forth herein to contest the existence of the lien or the amount of the lien.

b.

The form used to appeal such a lien must be substantially as follows:

In re. the lien on: (Legal description and address of property).

Notice of Lien Appeal

I am the (Owner or representative legally authorized to represent the Owner) of the parcel of property located at ___________. I received a notice dated ________ that a lien in the amount of _____ has been levied on this property due to the unpaid fees, costs, and expenses relating or pertaining to the processing or defense of development related activities pursuant to the Land Development Code.

I wish to appeal to the Town Council the filing of such lien and/or the amount of such lien.

The basis on which I appeal the lien is as follows: (State basis for appeal)

___________

(Signature of Owner/representative)

___________

Date

c.

The notice of lien appeal must be filed with the Town, or designee, within 30 days after notice is received by the property Owner. This time requirement is jurisdictional. The term "notice is received" means the date the Owner indicates receipt of the notice on the return receipt. In the event that certified-mail delivery cannot be accomplished, and after reasonable search by the Town for such Owner, or if the notice is not accepted or is returned to the city [town], a physical posting of the notice of lien on the property shall be deemed the date the notice of lien is received. Failure to file the appeal with the Town and pay an appeal fee established by the Town council for the filing of said appeal within 30 days shall be conclusively deemed to be abandonment of any right to appeal or to otherwise contest the lien. A hearing before Town council on the appeal shall be set as soon as reasonably practicable.

d.

The Town council shall have authority to adjust, settle, compromise, or adjudicate any lien which is appealed on behalf of the Town in accordance with the provisions of this article.

e.

Decisions of the Town council shall be final, and appeals therefrom shall be to a court of competent jurisdiction.

5.

Collection of liens.

a.

All unpaid liens shall bear interest at the rate of 12 percent per annum accrued beginning on the date of delinquency; provided, however, that if said interest amount exceeds the maximum amount permitted by state law, then the interest rate shall be established at the maximum amount permitted by state law. Such a lien may be foreclosed by the Town in the manner provided by law.

b.

If a property Owner of record satisfies a recorded lien by paying all amounts due, the Owner shall be responsible for paying all recording costs and attorney fees associated with the satisfaction of lien prior to preparation and recordation of such satisfaction by the Town.

During the review of an application for development approval, a determination will be made as to the environmental, technological and fiscal impacts of the proposal on public services and facilities and the measures necessary to offset any adverse impacts and to promote positive impacts.

The assessment of positive and negative impacts will use the best available information; the applicant is encouraged to provide any information in addition to required submittals that will assist in more accurately assessing impacts. The Town may require additional technical information to analyze impacts.

1.

The Planning and Zoning Commission shall consist of five registered voters of the Town of Astatula. Each member of the Commission shall be appointed by the Town Council and shall serve until replaced by vote of the Town Council or resignation by the Commission Member. The Town Council is authorized to remove any member of the Planning and Zoning Commission for cause after written notice and public hearing. Such vacancy shall be filled within 30 days after the vacancy occurs.

2.

It is the policy of the Town of Astatula that the membership of the Planning and Zoning Commission reflect the demographic and geographic diversity of the citizens of the Town.

3.

Members of the Planning and Zoning Commission shall comply with all applicable federal, state and local laws regarding ethics, financial disclosure, open conduct of public business and public records. Members of the Commission shall serve at the pleasure of, and may be removed by, the Town Council.

4.

At the first meeting of the calendar year, the Planning and Zoning Commission shall elect one of its members as chairman. The quorum for any meeting of the Commission shall be a majority of its members.

2.4.1.

Powers and Duties.

1.

Recommendations of Original zoning districts and Appropriate Regulations. It shall be the duty of the Planning and Zoning Commission to recommend to the Town Council the boundaries of the various original zoning districts and appropriate regulations to be enforced therein. This will include Annexations.

2.

Rezonings. Although the Town Council may, from time to time, amend or supplement the regulations and zoning classifications or districts, proposed changes may be suggested by the Planning and Zoning Commission or by petition of the owners of 50 percent or more of the area involved in the proposed change. In the latter case, the petitioner or petitioners will be required to assume all costs of holding public hearings. See article IV, Zoning Regulations, for procedures.

3.

Comprehensive Plan Amendments. The Town Council shall also serve as the Local Planning Agency, and shall review and make recommendations on amendments to the Comprehensive Plan.

4.

Site Plan Review. The Town Council, or its designee, shall be responsible for approval of all site plans.

5.

Conditional Uses. If any zoning district requires a conditional use permit, no person shall erect, construct, or alter any building or structure for such conditional use until a conditional use permit is reviewed by the Planning and Zoning Commission Board and approved by the Town Council. Procedures are outlined in article IV, Zoning Regulations.

6.

Variances. The Planning and Zoning Commission shall hear and make recommendations to the Town Council for requests for variances from the terms of the zoning regulations where, owing to special conditions, a literal enforcement of the provisions will result in unnecessary and undue hardship upon, and personal to, the applicant therefor, and not surrounding properties. Procedures are outlined in article IV, section 4.5.

It shall be unlawful for any person to change or amend, by addition or deletion, any part or portion of this code, or to insert or delete pages or portions thereof or to alter or tamper with such code, in any manner whatsoever, which will cause the law of the Town to be misrepresented thereby.

2.6.1.

General. No site plan or subdivision development shall be approved, platted or recorded, nor shall any building permit or certificate of occupancy be issued, unless the development meets all the requirements of and has been approved in accordance with the provisions of this code. The Town Council or any aggrieved person shall have recourse to the remedies provided for herein to ensure compliance with the provisions of this code, including injunctive relief, but not damages, to enjoin and restrain any person violating the provisions of this code. The court shall, on proof of the violation, have the duty to forthwith issue any temporary and permanent injunctions as are necessary to prevent the violation of this code. The Town shall have the authority to conduct inspections of any project undertaken by this code. The Town Council shall have the right to enforce compliance with this code by all legal means.

2.6.2.

Required Improvements. The Town Council may enforce an improvement or performance bond or resort to legal and equitable remedies if required improvements have not been satisfactorily installed pursuant to an approved site plan or final development plan within one calendar year after the site plan or final plat is approved, unless the time of completion is extended by the Planning and Zoning Commission with the consent of the surety. In no event will an extension of more than one year be granted.

2.6.3.

Violations. It shall be a violation of this code for any person to sell any parcel or property as a buildable lot or construct, open or dedicate any street, sanitary sewer, storm sewer, water main, or drainage structure, without having first complied with the provisions herein.

2.6.4.

Issuance of Building Permits. It shall be unlawful for a structure to be erected on a lot or parcel of land within the Town unless a building permit has been issued. Further, no building permit shall be issued unless one of the following conditions is met:

1.

The lot or parcel is within a subdivision for which a final development plan has been approved by the Town Council and the required improvements have been installed and accepted by the Town Council. However, buildings may be erected concurrently with the construction of the required improvements if an appropriate bond has been posted. Builder/Developer/Owner will understand that should they erect buildings concurrently with other improvements, they will do so at their own risk. If there is no bond for subdivision improvements, the final inspection of the buildings shall not be approved and the buildings must not be occupied until all the required improvements have been completed and accepted by the Town Council.

2.

If a property owner has one or more contiguous lots deeded or platted prior to adoption of this code and did not at the time have sufficient contiguous land to conform to the minimum lot size requirements of this code, the contiguous lots must be combined to form a lot which meets the minimum requirements for lot size. A property owner with a single substandard lot may build on the lot provided they can meet the minimum requirements for square footage and setbacks. They must also obtain a septic tank permit from the Lake County Health Department.

3.

The lot or parcel abuts a public street which has been dedicated to the Town and accepted by the Town Council, or is shown on a legally recorded subdivision plat, or a legally existing private easement recorded prior to adoption of this code.

4.

A variance has been granted pursuant to this code.

In addition, no building permit shall be issued until all fees for water, sewer, electrical service and offsetting of impact are paid and appropriate development agreements are approved. Further, building permits may be refused if water management, soil characteristics or other standards are not met.

If any part or provision of this code or application thereof to any person or circumstances are adjudged by any court of competent jurisdiction, such judgement shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this code or the application thereof to other persons or circumstances. The Town Council hereby declares that it would have enacted the remainder of this code without any such part, provision or application.

This code shall take effect upon adoption by the Town Council. Subdivisions or site plans for which preliminary or final plans or plats have been submitted prior to the effective date may be developed and completed according to the preexisting requirements for subdivisions. However, preliminary or final subdivision plans or plats which are submitted prior to the effective date shall not be substantially amended or changed after the effective date except to conform with the regulations established herein. Nothing herein shall vest a preliminary planned unit development plan. Planned Unit Development plans shall only become vested at the time of approval of the final development plan.

2.9.1.

Procedures.

1.

Notwithstanding any provision of these Land Development Regulations to the contrary, in order to be considered vested, a project must have been issued a final development order, must have commenced developing pursuant to that specific order, and must be continuing in good faith to do so. For purposes of this section, a final development order is one of the following:

a.

For projects requiring a site plan review, final site plan approval by the Planning and Zoning Commission Board or Town Council, as appropriate; or

b.

For projects requiring a construction plan review only, the issuance of a building permit by Lake County Building Department.

2.

Any project which has received a final development order shall be considered as having commenced developing if:

a.

A building permit has been issued therefore; and

b.

Vertical construction for which a building permit is necessary has actually commenced (e.g., other than site improvements such as excavation and site clearing).

3.

Any project which has received a final development order and which has commenced developing shall be considered as continuing in good faith to do so if:

a.

Vertical construction for which a building permit is necessary and for which regular inspections are performed continues so that inspections are being called for on a regular basis; and,

b.

The permits for the project have not expired.

4.

The vested rights of any project which fails to meet any of the above tests shall be null and void. However, any project which has received final site plan approval prior to the adoption of these Land Development Regulations or any amendment thereto shall be considered to be vested for the purpose of site plan approval so long as a building permit is issued and vertical construction is commenced within the time frames set forth in these Land Development Regulations.

5.

All projects claiming vesting hereunder must be completed within the time frames allowed in these Land Development Regulations.

6.

Any applicant or developer claiming vested rights must do so on a form provided by the Town. Failure to claim such vested rights at the time of any application wherein vesting might be an issue shall cause any vested rights which might otherwise be in existence to be waived.

Within the districts established by these zoning regulations or amendments that may later be adopted, there may exist land, lots or structures which were lawful before these zoning regulations were adopted or amended, but which would be prohibited, regulated, or restricted under the terms of these zoning regulations or future amendments. It is the intent of these zoning regulations to permit these nonconformities to continue until they are removed as required by these zoning regulations, but not to encourage their continuance.

A nonconformity may be continued so long as it remains otherwise lawful, provided that:

a.

There shall be no increase of nonconforming area.

b.

Movement. No non-conforming structure shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment of these zoning regulations.

c.

Destruction. Should any non-conforming structure or non-conforming portion of a structure be destroyed by any means to an extent of more than 50 percent of its replacement value based upon property appraisal records at time of destruction, it shall not be reconstructed except in conformity with the provisions of these zoning regulations.

d.

Unsafe non-conforming structures because of lack of maintenance. If a nonconforming structure or portion of a structure, or any structure containing a non-conforming use, becomes physically unsafe due to lack of repairs or maintenance, and is declared by the duly authorized official of the Town to be unsafe or unlawful by reason of its physical condition, it shall not be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

e.

If application for development approval is requested, all non-conforming uses must be brought into compliance with this code.

f.

Non-conforming uses shall cease after six months of vacancy of the structure, and cannot be re-established.