§ 154.226 NONCONFORMING SITUATIONS.

   (A)   Non-conforming lots. If a non-conforming lot of record cannot be used in conformance with all regulations other than those pertaining to minimum area or width, a special use permit may be issued if the following findings are made:

      (1)   The proposed use of the lot is one permitted by the regulations applicable to the district in which the property is located; and

      (2)   (a)   The property can be developed as proposed without any significant negative effect on the surrounding property or the public health, safety or welfare.

         (b)   The Town Council may allow deviations from applicable dimensional requirements (such as setback lines and minimum yard sizes) if it finds that no reasonable use of the property can be made without the deviations.

   (B)   Non-conforming situations; repairs to property. Maintenance and repair of property are encouraged. If proposed repairs to a nonconforming property are estimated to exceed 50% or more of the appraised value of the property to be renovated, a special use permit may be issued subject to the following:

      (1)   The Town Council must find that the proposed repairs or renovation will not result in a violation of §§ 154.250 through 154.254 below, dealing with extension or enlargement of nonconforming situations;

      (2)   The renovation will not make the property more incompatible with the surrounding neighborhood;

      (3)   If reconstruction is done in accordance with the repair of a partially or totally destroyed structure, all work shall proceed in accordance with §§ 154.250 through 154.254 below; and

      (4)   A building permit for the repair or renovation must be obtained from the Building Inspector.

   (C)   Non-conforming use; change to another non-conforming use. The Town Council may issue a special use permit to allow property used for a nonconforming use to be changed for use to a different nonconforming use, if the following findings are made:

      (1)   The proposed new nonconforming use will be more compatible with the surrounding neighborhood than the old nonconforming use in operation at the time the permit is applied for;

      (2)   If a nonconforming use is changed to any use other than a conforming use without obtaining a special use permit pursuant to §§ 154.250 through 154.254 below, that change will constitute a discontinuance of the nonconforming use with consequences as stated in §§ 154.250 through 154.254 below; and

      (3)   The above divisions (C)(1) and (2) shall apply equally to situations including any combination of nonconforming uses, or of conforming and nonconforming uses existing on any 1 lot or parcel of land.

   (D)   Reinstatement of a discontinued nonconforming use. If a nonconforming use has been discontinued for a period of 180 days or more, the Town Council may issue a special use permit to allow a reinstatement of that nonconforming use, subject to the following:

      (1)   The nonconforming use has been discontinued for a period of less than 2 years; and/or

      (2)   The discontinuance resulted from factors that, for all practical purposes, were beyond the control of the person or persons maintaining the nonconforming use.

   (E)   Allowing property to be used for a conforming use without correcting an existing nonconforming situation. The Town Council may issue a special use permit to allow property to be used for a conforming use without requiring correction of an existing nonconforming situation, if the following findings are made:

      (1)   The nonconforming situation cannot be corrected without undue hardship or expense; and

      (2)   The nonconforming situation is of a minor nature that does not adversely affect the surrounding property, or the general public, to any significant extent.

(1981 Code, § 837) (Ord. passed 6-28-2004)