Selbyville City Zoning Code
ARTICLE XVIII
Nonconforming Uses
§ 200-119 Purpose.
Except as otherwise provided herein, the lawful use of land or buildings, existing at the effective date of adoption of this chapter, may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use of land or buildings has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the adoption of this chapter.
§ 200-120 Time.
No building or portion thereof used in whole or in part for a nonconforming use in any district which remains idle or unused for a continuous period of one year, whether or not the equipment or fixtures are removed, shall again be used except in conformity of the provisions of the district in which such building or land is located.
§ 200-121 Reconstruction; replacement of mobile homes.
[Amended 2-14-2000]
A.
If a building or land is damaged by any cause whatsoever it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within 12 months from the date of such damage.
B.
If a mobile home is damaged by any cause whatsoever or has become so dilapidated that it cannot meet the requirements of the ordinances and codes of the Town of Selbyville, it may be repaired, replaced or reconstructed and used as before the time of damage, provided that such repairs, replacement or reconstruction are substantially completed within 12 months from the date of such damage.
§ 200-122 Extension.
A nonconforming use of a building or a nonconforming use of a nonconforming building may be extended on the same lot approved as a special exception by the Board of Adjustment as provided in Article XIX of this chapter, subject to the following special requirements:
A.
Extensions for a use which is necessarily incident to the existing use.
B.
Such extension shall not encroach on any of the setback or yard requirements for the district in which the use is located.
C.
The estimated cost of any extension involved does not exceed 50% of the replacement value, as determined by the Board of Assessment of the Town of Selbyville, of the existing building to which it is incident.
D.
Such extension shall have a floor area not exceeding 25% of the floor area of the existing building to which it is incident.
E.
The value of the adjoining property will not be impaired and the character of the neighborhood will not be adversely affected.
§ 200-123 Casual use.
The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
§ 200-124 Determination of status.
Whether a nonconforming use shall exist shall be a question of fact and shall be decided by the Board of Adjustment after public notice and hearing in accordance with the rules of the Board of Adjustment.
§ 200-125 Nonconforming buildings.
A building nonconforming only as to height, area or bulk requirements may be altered or extended, provided such alteration or extension does not increase the degree of nonconformity in any respect.
§ 200-126 Violation.
A nonconforming use in violation of a provision of this chapter which this chapter amends or replaces shall not be validated by the adoption of this chapter unless such use complies with the term of this chapter.
§ 200-127 Destroyed buildings.
A nonconforming building destroyed to the extent of 90% of its assessed value, if reconstructed as permitted herein, shall comply with the provisions of this chapter as to any off-street parking requirements for the use and any height, area or bulk requirements of the district in which the building is located.