South Bethany City Zoning Code
ARTICLE V
Nonconforming Uses and Structures
§ 145-15 Nonconforming uses and structures permitted.
Except as herein specified, the use of any building or land otherwise lawfully existing prior to November 1, 1973, may be continued although such use or structure does not conform to the permitted use or dimensional provisions of this chapter.
§ 145-16 Abandonment.
Whenever a nonconforming use or structure has been discontinued or is inactive for a period of one year or more, such use or structure may not, thereafter, be reestablished and any future use or structure shall be in conformity with the provisions of this chapter.
§ 145-17 Repairs, additions and alterations.
A.
Nonconforming use. Alterations of and additions to structures containing nonconforming uses shall not be permitted.
B.
Nonconforming structures. Renovation/remodeling /alteration or repair of a nonconforming structure or the nonconforming portion of a structure is permitted, provided it conforms to the requirements of this and other chapters of the Town's Code and it does not increase the degree of nonconformity. No repair shall be permitted to that portion of a paved driveway or paved sidewalk located within any street right-of-way where 50% or more of such portion requires repair.
[Amended 3-9-2001 by Ord. No. 93-00; 3-14-2014 by Ord. No. 171-13]
§ 145-17.1 Removal of paved driveway or sidewalk.
[Added 3-9-2001 by Ord. No. 93-00]
Any existing portion of a paved driveway or paved sidewalk within any street right-of-way which is determined by the Town to be restricting street or property water drainage may be removed by the Town, after proper notification of the property owner, to facilitate adequate drainage.
§ 145-18 Destruction.
[Amended 4-17-1998 by Ord. No. 74-98; 8-13-2004 by Ord. No. 127-04]
A.
Accidental destruction. A building or structure of nonconforming dimension or use which is 50% or more destroyed by fire, explosion or act of God, as determined by the Code Enforcement Official, or Town Manager, or, if with a lesser percentage of destruction, condemned by the State Fire Marshal, may be rebuilt only if the rebuilt structure conforms to all the dimensional requirements of Articles X, XI, XII, XIII and XIV; provided, however, anything herein to the contrary notwithstanding, any single-family residence legally constructed or having a building permit issued prior to March 12, 2004, which was nonconforming with regard to Subsections G ("Maximum floor-to-area ratio"), H ("Maximum livable area ratio"), I ("Maximum building area"), and/or K ("Maximum number of kitchens") of § 145-35 ("R-1 Single-Family Dwelling District") may (subject to any controlling federal flood insurance requirements) be reconstructed or restored to the same size, dimensions, area(s) and number of kitchens as existed prior to such accidental destruction if such reconstruction commences within 120 days and is completed within 365 days from the date of commencing the reconstruction. The burden shall be on the applicant to establish the existence of such previously existing nonconformity.
[Amended 6-23-2016 by Ord. No. 181-16]
B.
Intentional destruction. Except for repairs as provided in § 145-17 above, where any building or structure (or any portion thereof) which is nonconforming in dimension or use is intentionally destroyed, razed, or dismantled, such building or structure (or the nonconforming portion thereof) shall not be rebuilt or reconstructed except in conformity with all of the terms and conditions of this chapter.