§ 27-241. Continuation.

(a)

Any nonconforming building, structure, or use may be continued, repaired, or maintained. It may not be altered, enlarged or extended except in accordance with this Division.

(b)

In order for a nonconforming use to continue, a use and occupancy permit must be issued identifying the use as nonconforming, and the use must be certified in accordance with Section 27-244. In addition, a nonconforming surface mining operation located within a Chesapeake Bay Critical Area Overlay Zone may only continue if it meets the criteria set forth in Section 27-410(e).

(c)

Continuous, day-to-day operation of a certified nonconforming use is required to maintain its nonconforming status. Discontinuance of day-to-day operation for a period of one hundred eighty (180) or more consecutive calendar days shall constitute abandonment of the use. No certified nonconforming use may be reestablished unless either:

(1)

The case involves reconstruction, restoration, or reestablishment in accordance with Section 27-243; or

(2)

The Planning Board determines (upon written request) that the conditions of nonoperation were beyond the control of the person who was in control of the property during the period of nonoperation. The Planning Board's determination shall be based on satisfactory evidence presented by the person making the request.

(d)

The provisions of Subsection (c), above, do not apply to:

(1)

Nonconforming buildings and structures occupied by conforming uses;

(2)

Certified nonconforming surface mining operations that are not within a Chesapeake Bay Critical Area Overlay Zone; or

(3)

Mobile home dwellings and trailer camps used in accordance with Section 27-250.

(e)

For properties within the Chesapeake Bay Critical Area, the following shall apply: (1) A lot or parcel legally developed as of July 1, 2008, shall not be considered nonconforming for purposes of Critical Area lot coverage.

(2)

For the purpose of increasing Critical Area lot coverage on a lot or parcel under subparagraph (1) above, the Critical Area lot coverage limitations of Sec. 27-548.17 shall not be construed to apply to a development activity for which an approved Conservation Plan or Staff Level review was obtained and:

(A)

A building permit was issued before July 1, 2008; and

(B)

Construction was initiated and an inspection was performed before July 1, 2009.

(CB-72-1987; CB-57-1989; CB-7-1993; CB-5-1996; CB-76-2010)