Southport City Zoning Code
ARTICLE X
Nonconforming Structures, Uses and Lots
§ 525-129 Nonconforming uses.
Any nonconforming use, which existed lawfully at the time of adoption of this chapter, may be continued, subject to the following provisions:
A.
Expansion, modification, or replacement.
(1)
Expansion. A nonconforming use, which existed at the time of adoption of this chapter, may be expanded within any portion of the existing structure in which it is located. A nonconforming use shall not be expanded beyond the area of the existing structure in which the use is located, unless site plan approval is first obtained from the Planning Board.
(2)
Modification. A nonconforming use shall not be changed to any other nonconforming use, nor shall a nonconforming use be modified in a way that increases its nonconformity.
(3)
Replacement. If a nonconforming use is replaced by another use, such use shall conform to the regulations of the district in which it is located.
B.
Discontinuance.
(1)
If a nonconforming use is discontinued for a period of one year (12 consecutive months), such nonconforming use shall expire and be deemed abandoned; and any subsequent use on the same lot shall conform to the regulations of the district in which it is located.
C.
Destruction and restoration.
(1)
If any structure in which a nonconforming use is conducted is hereafter damaged, removed, or destroyed by fire, wind, explosion, or other natural cause, to the extent of 50% or more of its fair market value at the time of such damage, application for any reconstruction or restoration of such structure for a building permit to resume the nonconforming use shall be made within one year and the structure for the nonconforming use shall be constructed within one additional year unless the permit is renewed.
§ 525-130 Nonconforming structures.
A.
Continuation.
(1)
Any nonconforming structure, which existed lawfully or if a valid building permit had been issued at the time of adoption of this chapter, may be maintained.
B.
Modification and replacement.
(1)
A nonconforming structure shall be maintained in such condition as will not constitute a danger to the health, safety, or general welfare of the public.
(a)
Modification.
[1]
A nonconforming structure shall not be added to or enlarged or altered in any manner or in a way which increases its nonconformity. All such modifications which increase the nonconformity shall require an area variance from the Zoning Board of Appeals.
[2]
Should such structure be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(b)
Replacement. A nonconforming structure may be replaced on its identical footprint, within 24 months after its removal, so long as it is not added to, enlarged, reconfigured or altered in any manner or in a way which increases its nonconformity. After 24 months, such nonconforming structure may not be rebuilt on the same footprint but must conform to the regulations of the district in which it is located.
§ 525-131 Nonconforming lots.
A.
A new structure may be created on a nonconforming lot legally existing prior to the adoption of this chapter so long as such a new building or structure complies with all of the regulations of the district in which it is located.
B.
Lawfully existing structures located on nonconforming lots may be moved, expanded, enlarged or replaced as long as such change complies with all of the regulations of the district in which such structures are located.
§ 525-132 Uses not affected by transfer.
No nonconforming use of land or buildings shall be lost or in any manner affected solely by reason of a sale or transfer of title of the subject premises.
§ 525-133 Construction started prior to this chapter.
A structure for which a building permit was issued prior to the effective date of this chapter, or prior to the effective date of any subsequent amendment of this chapter, may be completed and used in accordance with approved plans and specifications for the structure.