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Southampton Township
City Zoning Code

12-4.15 Nonconforming

uses and structures.

a. 
Incompatibility. Nonconforming uses and structures are hereby declared to be incompatible with the uses and structures permitted. The lawful use of land, buildings or structures existing when this chapter was adopted may continue even though they do not conform to this chapter. However, none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter.
b. 
Restoration. Any nonconforming building, structure or use, which has been condemned or damaged, shall be examined by the Construction Official. If, in the opinion of the Construction Official, the cost of repair is greater than 75% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a variance. If the cost of repair is less than 75% of the value of replacing the entire structure, it may be rebuilt within one year and does not exceed the height, area and volume of the original structure. The percent damaged shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current total replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is involved in the repair.
c. 
Abandonment. A nonconforming use shall be considered abandoned if the owner terminates it or if a nonconforming use involving a structure is discontinued and the owner has been determined to possess an intent to abandon the site and there is some explication, such as failure to maintain, indicating an abandonment or if a non- conforming use of land ceases. The subsequent use of the abandoned building, structure and/or land shall be in conformance with this chapter.
d. 
Repairs and maintenance. Repairs and maintenance may be made to a nonconforming structure or lot, provided that the work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for nonconforming purpose or increase the nonconforming purpose or nonconformity in any manner.