(A) With the exception of signs and wireless communication facilitates, nonresidential uses or structures in operation and permitted to operate under zoning regulations or exceptions thereto in effect immediately preceding a change in zoning shall be allowed to expand operations and construct additional facilities which involve an actual continuance and expansion of the activities of the nonresidential use which were permitted and being conducted prior to the change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such nonresidential use situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners. No building permit or like permission for construction or landscaping shall be denied to a nonresidential use seeking to expand and continue activities conducted by that nonresidential use which were permitted prior to the change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such nonresidential situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners.
(B) With the exception of signs and wireless communication facilitates, nonresidential uses or structures in operation and permitted to operate under zoning regulations or exceptions thereto in effect immediately preceding a change in zoning shall be allowed to destroy present facilities and reconstruct new facilities necessary to the conduct of such industry or business subsequent to the zoning change; provided that no destruction and rebuilding shall occur which shall act to change the use classification of the land as classified under any zoning regulations or exceptions thereto in effect immediately prior to or subsequent to a change in the zoning of the land area on which such industry or business is located. No building permit or like permission for demolition, construction or landscaping shall be denied to an industry or business seeking to destroy and reconstruct facilities necessary to the continued conduct of the activities of that industry or business, where such conduct was permitted prior to a change in zoning; provided, that there is a reasonable amount of space for such expansion on the property owned by such industry or business situated within the area which is affected by the change in zoning, so as to avoid nuisances to adjoining landowners.
(D) The provisions of § 151.024 apply to nonconforming wireless communication facilitates.
(E) The provisions of § 151.181 apply to nonconforming signs.
(F) Notwithstanding the provisions of division (B) of this section, any structure rebuilt on the site must conform to the provisions of the existing zoning regulations as to setbacks, height, bulk, or requirements as to the physical location of a structure upon the site. This division (F) shall only apply if the property owner intentionally and voluntarily abandons the nonconforming use of the property. In any contested matter on the use of such property, the town has the burden of proving an overt act of abandonment in such matter.
(Ord. 2009-07, passed 7-13-09; Am. Ord. 2010-01, passed 8-23-10)