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Live Oak City Zoning Code

ARTICLE X

- NONCONFORMING USES

Sec. 24-111.- Continuance of use.

Any nonconforming use of land or structures may be continued for definite periods of time, subject to such regulations as the board of adjustment may require for immediate preservation of the adjoining property and the ultimate removal of the nonconforming use. If, however, a continuous operation is not carried on in such nonconforming use during a continuous period of one year, the building, other structure or tract of land where nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume activity operation shall not affect the foregoing.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

Sec. 24-112. - Change of use.

A nonconforming use may be changed to any conforming use. A nonconforming use shall not be changed to any other type of nonconforming use without the prior approval of the board of adjustment which may grant a change of occupancy from one nonconforming use to another, provided the use is within the same or higher classification as the original nonconforming use, that such nonconforming use and occupancy will not tend to prolong and continue nonconforming use. A nonconforming use once changed from a lower to a higher classification use shall not be changed thereafter to a lower classification use, and such prior lower classification use shall be considered abandoned.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

Sec. 24-113. - Damage and destruction.

A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In the case of partial destruction by fire or other causes not exceeding 50 percent of its value, the building inspector shall issue a permit for reconstruction. If greater than 50 percent and less than total, the board of adjustment may grant permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the light of public welfare and the areas surrounding the designated nonconforming use. The value of the structure is established by the appraisal district valuation or an independent appraisal provided by the applicant.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

Sec. 24-114. - Enlargement.

A nonconforming use shall not be enlarged or extended, except upon authorization of the board of adjustment.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

Sec. 24-115. - Normal maintenance.

Normal maintenance of a building or a structure containing a nonconforming use is permitted, including necessary non-structural repairs and incidental alterations not extending the nonconforming use.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)

Sec. 24-116. - Structural changes.

No structural alteration shall be made in a building or other structure containing a non-conforming use except that required by law.

(Ord. No. 1641, § 1(Exh. A), 8-9-22)