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(A) General. A non-conforming principal structure containing a conforming use may only continue in accordance with the provision of section. For a non-conforming principal structure and a non-conforming use see § 152.111 of this chapter.
(B) Continuation. Normal repair and maintenance may be performed to allow the continued use of non-conforming structures.
(C) Enlargement. A non-conforming structure shall not be enlarged or expanded in any way that increases the degree of non-conformity. (For example, a structure that has a five-foot side yard setback where the chapter requires a ten-foot side yard setback cannot be enlarged so as to further encroach into the side yard setback.) Expansion of the structure in a way that complies with applicable dimensional standards or that decreases the degree of non- conformity is permitted.
(D) Relocation. A non-conforming structure shall not be moved, in whole or in part, to another location within the town’
(E) Reconstruction after casualty damage.
(1) Destruction or damage beyond 50% of tax value.
(a) In the event a non-conforming structure (or portion of a structure) is damaged or destroyed, by any means, to an extent more than 50% of its structural replacement cost (tax value) at the time of damage or destruction, it shall only be restored in a manner that conforms with the provisions of this chapter.
(b) New construction (including the establishment of off-street parking, landscaping, signage and other site features) shall be in accordance with the requirements of this chapter.
(2) Damage of 50% or less of tax value.
(a) In the event a non-conforming structure is damaged or destroyed, by any means, to an extent of 50% or less of its structural replacement cost (tax value) at the time of damage or destruction, it may be re-built to its previous form if a building permit for such repair or restoration is obtained within 180 days of the casualty damage, and repair or restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.
(b) In no event shall repair or restoration increase the degree of non-conformity.
(Ord. passed 3-5-2018)
No use or structure shall be established on a non- conforming lot of record, except in accordance with the standards in this section.
(A) Status of structures on non-conforming lots.
(1) Conforming structures legally established on a non-conforming lot prior to 3-2-2009 may be continued, enlarged, extended, reconstructed or structurally altered in any way that is in conformance with the standards of this chapter.
(2) Non-conforming structures legally established on a non-conforming lot prior to the effective date of this chapter may be continued, enlarged or redeveloped only in accordance with the standards in § 152.112 of this chapter.
(B) Development of unimproved lots.
(1) Residential districts. In the residential zoning districts, notwithstanding limitations imposed by other provisions of this chapter, a single-family detached dwelling and customary accessory structures may be developed on any single lot of record existing on 3-2-2009. This provision applies even if the lot of record fails to comply with the standards for area or width in § 152.134 of this chapter. Development of a single-family detached dwelling on the lot of record shall comply with the other standards in § 152.134 of this chapter, to the maximum extent practicable.
(2) Non-residential districts. In the non- residential zoning districts, notwithstanding limitations imposed by other provisions of this chapter, a permitted use may be developed on any single non- conforming lot of record existing on 3-2-2009, or the date the lot of record became non-conforming, subject to review and approval of a special use permit. This provision shall apply even though the lot of record fails to comply with the standards for lot area that are applicable in the zoning district. In considering the application for a special use permit, the Board of Adjustment shall ensure the design and location of the proposed use is compatible with surrounding uses. Development of the permitted use on the lot of record shall comply with the other standards in § 152.134 of this chapter, to the maximum extent practicable.
(3) Recombination required. In the event that a vacant non-conforming lot is located adjacent to a lot under common ownership, and the adjacent lot has sufficient size to allow for a lot line adjustment as a means of bringing the vacant lot closer into conformity with the requirements of the zoning district where its located, then such lot line adjustment shall be required as a condition of approval for development on the vacant non-conforming lot.
(C) Development of improved lots in residential districts after casualty. If a legally established single-family attached or detached use is destroyed by casualty on a non-conforming lot in a residential zoning district that was part of a subdivision or division of land evidenced by plat or deed, or both, recorded prior to 3-2-2009, an identical replacement use may be reconstructed within the same footprint as the use destroyed by casualty even though the lot does not meet the minimum lot area or lot width requirements.
(D) Governmental acquisition of land in a residential district. Governmental acquisition of a portion of a lot for a public purpose that results in a reduction in lot width and/or lot area below that required in § 152.134 of this chapter shall not render the lot non-conforming.
(E) Change of non-conforming lot. A non- conforming lot may be increased in area, width or both, through a lot line adjustment in accordance with the requirements of the recombination plat procedures, to make the lot less non-conforming.
(Ord. passed 3-5-2018)
(A) General standards. No non-conforming sign shall be used, erected, altered, repaired or relocated, except in accordance with the standards of this section.
(B) Non-conforming signs protected.
(1) Any sign that was lawfully erected prior to 3-2-2009, but that does not conform in one or more respects with the requirements of this chapter may remain in use, subject to the requirements of this section and other applicable requirements of this chapter. No activity that increases the amount of non- conformity shall be permitted.
(2) A non-conforming sign may not be moved or replaced, except to bring the sign into complete conformity with this chapter. Once a non- conforming sign is removed from the premises or otherwise taken down or moved, the sign may only be replaced with a sign that is in conformance with this chapter.
(C) Routine repairs and maintenance.
(1) Repairs and maintenance of non- conforming signs, such as repainting and electrical repairs, shall be permitted; provided, such activities are completed in accordance with the requirements in §§ 152.330 through 152.335 of this chapter; and, provided that, the cost of repairs do not exceed 50% of the replacement value of the sign.
(2) Non-conforming signs representing a danger to the public health or safety as determined by the Ordinance Administrator shall be immediately replaced or removed and replacement signage shall comply with all requirements of this chapter.
(D) Replacement required. In the event there is a change in use to an existing building (except multi-tenant buildings), and there are one or more on premise non-conforming signs which advertised the former or current business or use, the new occupant shall replace all existing non-conforming signs with new signs or new sign faces that meet all sign requirements for the district.
(E) Damage or destruction greater than 50% of tax value. In the event that a non-conforming sign is damaged or destroyed from natural causes to an extent that exceeds 50% of the sign’s tax value, then the sign shall only be restored, repaired or reconstructed in accordance with the standards of §§ 152.330 through 152.335 of this chapter. In no instance shall any remnants of the former non-conforming sign structure remain on the site.
(F) Damage or destruction less than 50% of tax value. In the event a non-conforming sign is damaged to an extent less than 50% of the sign’s tax value, the sign may be repaired in accordance with division (C) above.
(G) Abandonment.
(1) If a non-conforming on premise sign that is affiliated with a business, service, commodity, accommodation, attraction or other enterprise or activity that has for a period of at least 180 days not been operated, conducted or offered, that sign shall be deemed abandoned and shall be removed or brought into compliance by the sign owner, landowner or other person having control over the sign within 30 days.
(2) If a non-conforming sign remains blank for a continuous period of 180 days, that sign shall be deemed abandoned and shall, within 30 days after such abandonment, be brought into compliance with this chapter or be removed by the sign owner, owner of the land where the sign is located, or other person having control over the sign. For purposes of this chapter, a sign shall be deemed “blank” if:
(a) It is associated with a business, commodity, accommodation, attraction service or other enterprise or activity that is no longer operating or being offered or conducted in that location; or
(b) The display becomes illegible in whole or substantial part.
(3) Signs associated with a structure that has been demolished or a business that has been moved to another site shall be removed within 60 days following demolition or relocation. In the event an existing use or structure has been demolished or moved to facilitate new construction, all signage associated with the new construction shall comply with the standards in §§ 152.330 through 152.335 of this chapter.
(Ord. passed 3-5-2018)
The following provisions shall apply to expansions or changes in use on lots with non- conforming site features.
(B) Off-street parking requirements. Expansions to off-street parking areas which increase the total number of off-street parking spaces by 25% or more, including cumulative expansions following the effective date of this chapter, shall be required to comply with all applicable regulations in §§ 152.215 through 152.221, 152.235 through 152.242, 152.255, 152.270 through 152.278 and 152.310 through 152.317 of this chapter.
(Ord. passed 3-5-2018)
ZONING
(A) Divisions. All property within the jurisdiction of the town shall be divided into zoning districts as outlined in this subchapter.
(B) Purpose and intent. The districts enumerated by this subchapter are established and intended to provide a comfortable, healthy, safe and pleasant environment in which to live, work or recreate. More specifically, they are intended to:
(1) Provide appropriately located lands for residential development that are consistent with the goals, objectives and policies of the Future Land Use Plan;
(2) Provide appropriately located lands for the full range of non-residential uses needed by the town’s residents, businesses and workers, consistent with the goals, objectives and policies of the Future Land Use Plan;
(3) Provide for residential housing choice and diversity with varying density together with accessory structures, and non-residential services as may be compatible with such development;
(4) Create neighborhoods and preserve existing community character while accommodating new development consistent with the town’s goals and objectives;
(5) Minimize any negative impacts of non- residential development on residential districts and uses;
(6) Create suitable environments for various types of commercial uses and protect them from the adverse effects of incompatible uses;
(7) Create suitable environments for various types of mixed-use development, where business, office, retail and residential uses are designed and integrated in compatible ways; and
(8) Preserve the unique character and historic resources of the downtown.
(Ord. passed 3-5-2018)
(A) Agricultural District (AG). The Agricultural District is established for the purpose to protect working farmland and continuation of agricultural uses until urban density development becomes appropriate for the area. Limited residential development on large lots is permitted within the AG District; however, major residential subdivisions are prohibited. Specifically, it is the intent of this district to:
(1) To protect working farmland from encroachment by dense residential development that may be incompatible with agricultural uses; and
(2) To discourage the premature conversion of land from rural and agricultural uses to urban uses and densities.
(B) Residential-3 District (R-3). The Residential-3 (R-3) District is intended to accommodate single-family, duplex and other creative residential developments on smaller lots. The minimum lot area size within this district is restricted to 3,000 square feet.
(C) Residential-10 District (R-10). The Residential-10 (R-10) District is intended to accommodate a mix of detached residential development along with multi-family development and a limited amount of complimentary institutional and non-residential uses that would not be detrimental to the residential character of the district (such as parks, churches and day care centers). The minimum lot area size within this district is restricted to 10,000 square feet. Non-residential structures may be constructed in this district only with a special use permit, and may not exceed 10,000 square feet in gross floor area.
(D) Residential-15 District (R-15). The Residential-15 (R-15) District is intended to accommodate low-density detached residential development along with a limited amount of complimentary institutional and non-residential uses that would not be detrimental to the residential character of the district (such as parks, churches and day care centers). This district is designed to also allow residential development in areas that are primarily rural and agricultural in nature. Therefore, the density of residential development specifically in these rural and agricultural areas should promote the maximum amount of compatibility between residential and rural/agricultural uses. The minimum lot area size within this district is restricted to 15,000 square feet. Non-residential structures with a gross floor area of up to 10,000 square feet are allowed within this district by right, and non-residential structures with gross floor areas of 10,001 to 25,000 square feet may be constructed with a special use permit.
(E) Central Business District (CB). The Central Business (CB) District is designed for application to the traditional core downtown area of the town. It is intended to accommodate a wide range of commercial, governmental, professional, civic and residential uses at densities and intensities appropriate for its prominent central location in town. Within this district, vertically mixed-use development is encouraged, such as retail establishments on ground floors with professional offices or residences on upper stories. Development patterns within this district will be pedestrian friendly and automobile dependent uses will be discouraged.
(F) General Commercial District (GC). The General Commercial (GC) District is intended to accommodate a wide range of residential, commercial establishments and professional offices that provide goods and services to the residents of the town and the surrounding area, as well as transient visitors. This district is meant to be applied to the following distinct areas:
(1) Areas adjacent to major thoroughfares and in locations that will not adversely impact nearby residential development;
(2) Areas in close proximity to residential areas to encourage and accommodate pedestrian travel to obtain convenience goods and services; and
(3) Areas adjacent to major transportation arteries.
(G) Office and Institutional District (OI). The Office and Institutional (OI) District is intended to accommodate a wide range of residential, professional, civic, educational and governmental uses. Typically, this district will serve as a transitional district between higher intensity and lower intensity uses. Given the town’s role as the governmental, medical and educational center of the county, this district is also tailored to provide the maximum accommodation possible to the needs of those uses that form the foundation of the town’s prominent role in the region.
(H) Industrial District (I). The Industrial (I) District is intended to facilitate the growth of industrial development in the town’s jurisdiction. Specifically, this district is meant to accommodate industrial, transportation and warehousing uses which do not, by their nature, cause excessive or environmentally detrimental pollution, including air pollution and water pollution, or emit excessive amounts of light, dust, odors, noise or other environmental pollutants that would cause an undue burden to the residents of the town and the surrounding area.
(Ord. passed 3-5-2018)
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