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(A) The purpose of this chapter is to regulate and restrict uses, structures, lots, site characteristics, and signs that were established legally prior to the adoption or amendment of this code but do not conform to the requirements of this code. All such situations are collectively referred to in this chapter as "nonconformities."
(B) It is the intent of this section to encourage the continuing improvement of the town by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for improvements in their appearance.
(Ord. 2020-02, passed 4-13-2020)
(A) Authority to continue. Any nonconforming use of land or a nonconforming use of a conforming structure that lawfully existed as of the passage of this code and that remains nonconforming, and any nonconformity that is created as a result of the adoption of this code or any subsequent amendment to the text of this code, may be continued or maintained as a legal nonconformity only in accordance with the terms of this section.
(B) Determination of nonconformance status. The town shall have the burden to show that a nonconforming structure, lot or use was unlawfully established prior to the effective date of this code.
(C) Change of ownership or tenancy. Changes of ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities shall continue to be subject to the provisions of this section.
(D) Maintenance and minor repair. Minor repairs or maintenance of nonconformities are permitted, provided that the minor repairs and maintenance do not increase the extent of nonconformity. For purposes of this section, MAINTENANCE OR MINOR REPAIR shall mean:
(1) Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or exterior or interior appearance of a building or structure without expanding the building or structure;
(2) Maintenance of land areas to protect against health and environmental hazards; and
(3) Repairs that are required to remedy unsafe conditions that cause a threat to public safety.
(Ord. 2020-02, passed 4-13-2020)
(A) Expansion, enlargement and modification. Any nonconforming use of land or a nonconforming use of a conforming structure that is not in compliance with this code shall not be enlarged, extended, moved, or substituted unless the use is brought into compliance with this code. However, reasonable repairs and alterations are permissible in accordance with the provisions of § 152.121(D).
(B) Change of use.
(1) Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use. A change to a conforming use shall also not create any additional nonconforming situations.
(2) Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a certificate of occupancy.
(C) Loss of nonconforming status. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of six months, the rights to a legal nonconforming status shall terminate. The initial decision as to whether a prior existing, non-conforming use has been abandoned shall be made by the Zoning Administrator, subject to said decision being appealed to the Board of Adjustment by the affected property owner within three months of the ruling by the Zoning Administrator following the procedures under § 152.086(K).
(D) Conditional uses. A use that received a conditional use permit prior to the effective date of this code and that is permitted in its entirety as a principal use in the district in which it is located under this code shall not be deemed a nonconforming use. Such use shall be deemed a permitted principal use and the Conditional Use approval and conditions of approval relative to the use shall be null and void.
(Ord. 2020-02, passed 4-13-2020)
(A) Continuance. An existing structure that lawfully existed as of the passage of this code and that remains nonconforming, and any nonconformity that is created as a result of the adoption of this code or any subsequent amendment to the text of this code, may be continued or maintained as a nonconformity only in accordance with the terms of this section.
(B) Expansion, enlargement and modification. No nonconforming structure may be enlarged or altered in a way that increases its nonconformity, unless expansion or alteration of a nonconforming structure complies with development standards of the zoning district in which it is located, including but not limited to, setbacks applicable to the use for new construction, parking regulations and landscaping and screening requirements of this code, and all other applicable codes and ordinances of the town.
(C) Destruction and replacement. Any nonconforming structure when damaged or destroyed by force majeure, may be restored without impairment to any nonconforming status, provided:
(1) If more than 50% of the current assessed value of any nonconforming structure is destroyed, it shall not be reconstructed unless it is made to conform to the requirements of this code.
(2) If less than 50% of the current assessed value of any nonconforming structure is destroyed, it may be reconstructed as long as a building permit is submitted within 90 days after the date of destruction, provided the resulting structure complies with current building codes and the size and function of the nonconforming use shall not be expanded. Upon written request, the Zoning Administrator may grant a one-time extension for the submittal of a building permit application.
(3) An appraisal, paid for by the owner, shall determine the above assessed value. The appraisal must be done by an appraiser who has an appraiser license/certification from the state.
(Ord. 2020-02, passed 4-13-2020)
Any lot of record that is effective as of the date of this code and is considered a nonconformity because of noncompliance with lot width or area requirements may be used for any use permitted in the zoning district in which it is located, provided compliance with all other applicable regulations of this code are met.
(Ord. 2020-02, passed 4-13-2020)
(A) Continuance. Any sign legally existing at the time of the adoption of this code by the Town Council that, due to changes in this section, no longer conforms in use, location, height or size with the regulations of this section, may be continued or maintained as a nonconformity only in accordance with the terms of this section.
(B) Expansion, enlargement and modification. No nonconforming sign may be enlarged, altered or modified in a way that increases its nonconformity, unless such change is a reasonable alteration, repair, or maintenance as determined by the Zoning Administrator.
(C) Loss of nonconforming status.
(1) The sign may continue in use until such time as it is removed, or abandoned for a period of two or more continuous months.
(2) Except as provided in § 152.125(B), any change in the nonconforming sign shall be considered an abandonment and the legal nonconforming status of the sign shall become void. This division shall not apply to directory signs designed with interchangeable letters or panels.
(3) Legal non-conforming sign structures, poles and other related equipment that have been abandoned or not in use for more than two months shall be removed and the building, land or site restored to its original state.
(D) Destruction and replacement. Damage by force majeure to an extent that is more than 50% of the sign's replacement value, shall be removed or altered to become a legally conforming sign with the provisions of this code.
(Ord. 2020-02, passed 4-13-2020)
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