Except as may be allowed by variance, the following apply to lawful non-conforming uses and structures existing at the time of the adoption of this chapter and/or effectiveness of a provision of these regulations.
(A) The non-conforming use of a building or premises may be continued, but the degree of non- conformity shall not be expanded.
(B) There shall be no limit on the maintenance and repairs of non-conforming uses or buildings; provided, all such activities comply with applicable fire and building codes and the degree of non- conformity is not expanded.
(C) No building which has been damaged by fire or other catastrophic events to the extent of more than 50% of its original value shall be repaired or rebuilt, except in conformity with these regulations.
(D) A non-conforming use may be changed to an equal use upon approval of the Zoning Administrator.
(E) Any non-conforming use abandoned for more than 18 months shall be terminated. Abandonment shall not be measured by the owner’s intent, but solely by the fact that use ceases for a period of 18 or more months.
(F) Temporary non-conforming uses or structures shall not be made permanent without full compliance with these regulations. For example, a building of a temporary character or low-grade construction in a location that does not comply with a setback requirement may not be enhanced with permanent construction features that would make it a permanent structure.
(G) Notwithstanding the other provisions for non-conforming uses outlined by this section, mobile homes in mobile home parks that do not conform to the minimum spacing requirements of § 155.032(D)(3) of this chapter, the foundation requirements of § 155.032(D)(8) of this chapter and the anchoring requirements of § 155.032(D)(6) of this chapter, are not recognized by the Town Council as lawful non-conforming uses due to public health and safety issues associated with mobile homes not achieving separation requirements for safety standards, compliance with building and fire codes and to ensure mobile homes are secured properly against forces exerted by wind in severe weather events. All non-conforming uses shall be brought into full compliance with the sections set forth above within six months of the effective date of these regulations. Up to one six-month extension may be granted by the Town Council under extraordinary circumstances at the written request of the landowner or mobile home owner. The written request shall be submitted to the town prior to the six-month deadline along with a proposal to achieve compliance in a timely manner. To achieve compliance with these requirements, within 30 days of the effective date of this chapter, the Zoning Administrator shall notify the owners of property known to be out of compliance with the sections set forth above and request voluntary compliance within the six-month period. If a mobile home does not comply with the sections set forth above within the six-month time period or within an extension period, the enforcement procedures outlined by § 155.081(C) of this chapter shall be initiated.
(Ord. 329, passed 1-11-2016)