Topsail Beach |
Code of Ordinances |
Chapter 16. LAND DEVELOPMENT |
Article IV. ZONING |
Division 9. NONCONFORMING USES |
§ 16-477. Abandonment and discontinuance of nonconforming situations.
(a)
When a nonconforming use is discontinued for a consecutive period of 90 days for any reason other than destruction, the property involved may thereafter be used only for conforming purposes. Seasonal closing shall not be construed as a discontinuance of use.
(b)
For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for 90 days shall not result in the loss of the right to rent the apartment so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the period shall terminate the right to maintain it thereafter.
(Ord. No. 95-008, § 11.6, 12-13-1995)