§ 156.074  NON-CONFORMING USES OF BUILDINGS OR OF BUILDINGS AND PREMISES IN COMBINATION.
   If a lawful use involving buildings with a replacement cost of $1,000 or more, or involving building and premises in combination, exists on July 3, 2002, or on the effective date of any applicable amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
   (A)   No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located;
   (B)   Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for the use on July 3, 2002, or on the effective date of any applicable amendment of this chapter, but no like use shall be extended to occupy any land outside the building;
   (C)   If no structural alterations are made, any non-conforming structure or use of a structure may be changed to any conforming use or, with approval of the Town Council, to any use more in character with uses permitted in the district. In permitting a change, the Town Council must find that the proposed use is more appropriate or equally as appropriate to the district as the existing non-conforming use and shall require appropriate conditions and safeguards necessary to ensure that the change is in keeping with the provisions and spirit of this chapter;
   (D)   Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the non-conforming use may not thereafter be resumed;
   (E)   When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 10 consecutive months, except when government action impedes access to the premises, the structure, or structure and premises in combination, shall not thereafter be used, except in conformity with the regulations of the district in which it is located;
   (F)   Where a non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. DESTRUCTION, for the purpose of this section, is defined as damage to an extent of more than 50% of the replacement cost at the time of destruction;
   (G)   Notwithstanding any other regulation with respect to non-conformity of previously-approved multi-family uses in residential zoning districts, condominiums or condominium buildings that are destroyed by documented casualty loss may be reconstructed subject to the original approved site plan for the development, provided that the reconstruction shall begin within 1 year and be completed within 2 years of the casualty loss date. The Planning Director shall verify the status of a non-conforming structure proposed to be reconstructed under the terms of this chapter and may require an applicant to verify the existence, continuity, nature and extent of the use or structure(s) as well as the circumstances surrounding the casualty loss; and
   (H)   Notwithstanding any other regulation with respect to the non-conforming use of single-family homes in commercial districts (VC, C-1 and C-2), single-family dwellings that were existing and occupied as single-family homes as of November 3, 2004 may be maintained, repaired, reconstructed, altered, improved, enlarged, extended or moved on an existing parcel subject to the requirements of the RS-1 Zoning District.
(Ord. 04-21, passed 10-6-2004, § 34)