(a) These regulations shall apply to any use of a structure or lot in any zoning district that is a nonconforming use as defined by this ordinance. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one zoning district to another zoning district of a different classification, these regulations shall apply to any uses which thereby become nonconforming.
(b) Where, at the effective date of adoption or amendment of this ordinance, a lawful use of a lot or structure exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be sold or otherwise transferred to other owners and may be continued as long as it remains otherwise lawful in accordance with the provisions of this article.
(c) Normal structural repair and maintenance may be performed to allow the continuation of a non-conforming use.
(d) Nonconforming uses existing at the time this ordinance was passed, or at the time a subsequent amendment creates the nonconforming use, may extend within the building which housed the nonconforming use at the time this ordinance was passed, or at the time a subsequent amendment creates the nonconforming use, provided that the area to which the nonconforming use extends was manifestly designed or arranged to accommodate such use, and that no structural alterations are made within the building in order to allow the use to extend, except those that may be required by the Building Code.
(e) Once a non-conforming use has been changed or converted to a conforming use, it shall not thereafter be used for any nonconforming use.
(f) When a nonconforming use is abandoned for twelve (12) months, abandonment is presumed and the non-conforming use shall not be allowed to be re-established. If the property has been abandoned, then any future use of the land, buildings, or structures shall conform and be in accordance with all applicable rules, regulations, and requirements of the particular zoning district wherein the property is located.
(g) The non-conforming use of a building or land which has been abandoned shall not
thereafter be returned to such non-conforming use. Abandonment of a non-conforming use shall be presumed if one (1) or more of the following conditions exists, indicating intent on the part of the property owner to abandon the nonconforming use:
(1) When the intent of the owner to discontinue the nonconforming use is apparent;
(2) Utilities, such as water, gas, and electricity to the property have been disconnected;
(3) The property, buildings, and grounds, have fallen into disrepair as evidenced by proper code violation documentation;
(4) When it has been replaced by a conforming use;
(5) When it has been changed to a use permitted by conditional use by the Board of Zoning Appeals; or
(6) The business license issued by the Town of Fayetteville has expired.
(h) The extension of a lawful use to any portion of a nonconforming structure shall not be deemed the extension of a nonconforming use.
(Passed 7-7-22.)