A lawful preexisting use, structure, or lot that does not meet the requirements of this chapter is called a nonconformity. Special provisions apply to nonconformities, as set forth in this section.
(A) Existing substandard structures.
(1) The conforming use of a structure, as explained in § 156.109, existing at the time of the adoption of this chapter, may be continued, although the structure's size or location does not conform with the yard, dimensional, height, parking, loading, access, lot area, and lot coverage provisions of this chapter. Such structures are called substandard structures.
(2) Substandard structures which are damaged or destroyed by fire, explosion, flood, or other calamity to the extent of more than 50% of the value of the structure, as determined by the town, may be reconstructed and shall comply with the applicable provisions of this chapter for the district in which such structure is located, unless the structure is situated on a substandard lot of record, in which case the provisions concerning substandard lots of record shall apply.
(3) A substandard structure, including a mobile home, may not be moved off the lot or lots on which it is located, unless when relocated within the jurisdiction of the town, it complies with the regulations for the district in which it is located. Further, any subsequent reuse of the lot or lots from which the substandard structure has been moved must comply with the regulations for the district in which it is located.
(4) A substandard structure may be enlarged or expanded, provided that any expansion meets all of the requirements for the zoning district, including, but not limited to the yard, dimensional, height, parking, loading, access, lot area, and lot coverage provisions of this chapter.
(B) Existing nonconforming uses. The nonconforming use of a structure or land at the time of the adoption of this chapter may be continued, except that:
(1) Only that portion of the land in actual use may be so continued, and the nonconforming use may not be enlarged or extended, nor may any additional structures be added to be occupied by the nonconforming use, unless by special use permit, except that existing cemeteries can expand to the boundaries of the property which they owned at the time they became nonconforming.
(2) Normal maintenance, repair, and incidental alteration of a building occupied by a nonconforming use is permitted, provided it does not extend the nonconforming use. A structure occupied by a nonconforming use may be changed to make the structure more in character with the uses permitted in the district in which it is located.
(3) If such nonconforming use is damaged by fire, explosion, flood, or other calamity to the extent of more than 50% of its current equalized value, it shall not be restored unless it will comply with the use provisions of this chapter, except that nonconforming owner-occupied single-family dwellings may be restored. Multifamily development approved prior to June 4, 1996 may be restored in a manner which does not increase any nonconforming density, setback, or spacing of building standards approved in the original site plan, upon granting of a special use permit by the Town Board of Commissioners in accordance with § 156.711.
(4) If such nonconforming use is discontinued or terminated, as evidenced by the disconnection of electrical service to such nonconforming use for a period of 180 days, any future use of the structure or land shall comply with the provisions of this chapter.
(5) A nonconforming use, such as, but not limited to mobile homes, may not be moved off the lot or lots on which it is located, unless, when relocated within the jurisdiction of the town, it complies with the regulations for the district in which it is located. Further, any subsequent reuse of the lot or lots from which the nonconforming use has been moved must comply with the regulations for the district in which it is located.
(6) The Town Board of Commissioners may permit as a special use a change in nonconforming use, provided that the requirements of divisions (B)(1) through (5) above are met, and the Town Board of Commissioners finds that such new use would be more in character with the uses permitted in the district than the previous use. In permitting such change, the Town Board of Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this chapter.
(7) Once a nonconforming use has been changed or altered so as to comply with the provisions of this chapter, it shall not revert back to a nonconforming use. Once the Board of Adjustment has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a nonconforming use and become subject to all the conditions required by the Board. If the structure occupied by a nonconforming use is changed so as to be more in character with the uses permitted in the district in which it is located, it shall not subsequently be changed to be less in character.
(C) Existing vacant substandard lots.
(1) Where the owner of a lot at the time of the original passage of this chapter, or any successor in title does not own sufficient land to conform to the lot area or lot width requirements of this chapter, such a lot may be used as a building site for a single-family residence in a district in which residences are permitted, provided that the lot width and lot area are not more than 20% below the minimum specified in this chapter, and further provided that the County Health Department approves the reduction of on-site water or wastewater facilities are involved. In cases where the lot area and lot width are more than 20% below the minimum specified in this chapter, or other requirements cannot be met, the Board of Adjustment is authorized to approve as a variance such dimensions as shall conform as closely as possible to the required dimensions specified in this chapter. In addition, nonresidential uses of land permitted in the applicable nonresidential zoning district may be granted a variance for development on a substandard lot, subject to approval by the Board of Adjustment and the required findings set forth in division (C)(2) below.
(2) If 2 or more adjoining and vacant lots are in one ownership when this chapter is adopted, or at any time after the adoption of this chapter, and such lots individually do not meet the dimensional requirements of this chapter for the district in which such lots are located, then such group of lots shall be considered as a single lot and therefore the provisions of division (B)(1) above do not apply.
(D) Nonconforming signs.
(1) Amortization of nonconforming signs. Any sign existing prior to April 7, 1986 which does not conform to the requirements of this chapter may be continued with the following exceptions; however, all nonconforming signs shall be brought into compliance or removed within the time limits specified in division (D)(3) below.
(a) Portable and windblown signs as defined in § 156.403, shall be removed by January 1, 1987.
(b) All moving signs shall cease movement by July 7, 1986.
(c) All non-governmental flashing signs shall stop flashing by July 7, 1986.
(2) Enlargement and revision of nonconforming signs. No nonconforming sign shall be erected, replaced, or otherwise modified in such a way as to increase its nonconformity. Reasonable repair and maintenance of nonconforming signs, including the change of an advertising message, is permitted, provided that a nonconforming sign which is damaged or deteriorated to the extent of 50% or more of its value shall not be replaced unless it conforms to all provisions of this chapter.
(3) Removal of nonconforming signs.
(a) Nonconforming signs, when removed for other than normal maintenance, may not be erected again, nor may any such sign be replaced with another nonconforming sign.
(b) All nonconforming signs erected before the date of adoption of this chapter shall be removed or modified so as to conform to this chapter by February 1, 2002.
(E) Nonconformities in the water protection overlay (WP). Nonconforming lots, buildings and structures may be continued and maintained subject to the provisions as set forth below. Impervious surface area is not required to be included in the density calculations.
(1) Vacant lots. This category consists of vacant lots for which plats or deeds have been recorded in the office of the County Register of Deeds. Lots may be used for any of the uses allowed in the WP Overlay in which it is located, provided the following:
(a) Where the lot area is below the minimum specified and no other standard needs to be modified to use the lot for residential purposes.
(b) Notwithstanding division (a) above, whenever 2 or more adjoining residential vacant lots of record are in single ownership at any time after the adoption of this chapter, and such lots individually have less area than the minimum requirements for residential purposes for the WP Overlay such lots shall be combined to create a single lot or lots which meet or minimize the degree of nonconformity.
(2) Occupied lots. This category consists of lots occupied for residential purposes at the time of the adoption of this chapter. These lots may continue to be used, provided that whenever 2 or more adjoining lots of record, one of which is occupied, are in single ownership at any time after the adoption of this chapter, and such lots individually or together have less area than the minimum requirements for residential purposes specified, such lots shall be combined to create lots which meet the minimum size requirements, or which minimize the degree of nonconformity.
(3) Buildings and impervious surfaces. This category includes any buildings or impervious surface area existing at the time of adoption of this chapter not in conformance with the restrictions of this chapter. Such buildings and impervious surface areas shall be allowed to remain.
(4) Reconstruction of damaged buildings or impervious surfaces. Any existing building or impervious surface area not in conformance with the restriction of this chapter that has been damaged by fire, wind, flood or other causes, may be repaired and used as before. The total amount of space devoted to impervious surface area may not be increased unless stormwater controls that equals or exceeds the previous development is provided.
(Ord. passed 6- -2019)