Snow Hill City Zoning Code

No such structure, building or uses shall be enlarged, extended, reconstructed, moved or structurally altered except that, by action of the Board of Appeals after a public hearing, such structure may be permitted an expansion not to exceed 50% of the gross floor area and cubic content. An administrative variance of a minor expansion of a nonconforming use may be permitted by the Code Enforcement Officer as provided in § 200-28.

No nonconforming use of land shall be enlarged or intensified in area or moved to a new location except by action of the Board of Appeals after a public hearing or as provided in § 200-28. The Board may grant an expansion not to exceed 50% of the land area.

Any nonconforming use may be extended throughout the remaining parts of the building in which it is located, provided that such parts were manifestly arranged or designed for such use at the time of adoption of this chapter. Board action is not required.

Any structure or land, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which it is located, and the nonconforming use may not thereafter be resumed.

When a nonconforming use of a structure or land, or land and structure in combination, is discontinued or abandoned for 12 consecutive months or more, subsequent use of such structure or land, or land and structure in combination, shall be in conformity with the regulations of the district in which it is located.

Should any structure be damaged or destroyed by any means to an extent of less than 50% of its replacement cost at the time of destruction, it may be reconstructed or restored, provided that its degree of nonconformity is not increased beyond that which existed just prior to such damage or destruction. Should any structure be damaged or destroyed by any means to an extent greater than 50% of the replacement cost at the time of destruction, it shall not be reconstructed or restored except in conformance with the provisions of the district regulations in which the structure is located, provided that the Board of Appeals, after a public hearing, may approve reconstruction or restoration not in conformance with the applicable district regulations as a variance and subject to the provisions of Article VI. In granting such variance, the Board shall ensure that the district regulations are followed as closely as possible. Any dwelling unit lawfully existing at the time of adoption of this chapter which shall be destroyed to any extent by any means may be repaired or reconstructed at its prior location without Board action.

All of the preceding provisions are subject to the critical area standards in Chapter 72 when located in the critical area.

Administrative variances in the critical area authorized in § 200-28 are not subject to this section.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, including the repair or replacement of structural components, fixtures, wiring or plumbing, to an extent not exceeding 50% of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be. This limitation shall not apply to dwelling units.

If a nonconforming structure, except a dwelling unit or portion of a structure containing a nonconforming use, becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored or rebuilt except in conformity with the regulations of the district in which it is located.