§ 156.142  NONCONFORMING STRUCTURES AND USES.
   (A)   Purpose.  Where structures, buildings, or uses legally existing on the effective date of this chapter, or any subsequent amendment thereto, are not in conformity with the provisions of this chapter, it is the intent and purpose of this section to:
      (1)   Declare such buildings and uses within the town to be nonconforming and detrimental to the orderly development of the town; and
      (2)   Eliminate such nonconforming uses and buildings as quickly as possible, consistent with the rights of the owners and users thereof, for the purpose of protecting the public health, safety, and general welfare.
   (B)   Continuing existing uses.
      (1)   Any use, building, or structure existing at the time of the enactment of this chapter that does not conform with the provisions of this chapter for the district in which it is located shall be deemed to be a nonconforming use and may be continued only as specified, herein.
      (2)   Provided, however, that this section does not apply to any use, building or structure established in violation of the Zoning Code previously in effect in the town, unless such use, building, or structure now conforms with this chapter.
   (C)   Repairs, alterations, and maintenance.
      (1)   Ordinary nonstructural repairs, alterations, or maintenance may be made to a nonconforming structure, as required to keep it in sound condition.
         (a)   Alterations or repairs of a structural nature to a nonconforming structure shall not be permitted except such as are required by law or ordinance or authorized by the Zoning Administrator.
         (b)   Provided, however, that structural alterations or repairs may be made to a nonconforming residential structure used for residential purposes.
         (c)   Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
      (2)   Any nonconforming building or structure that is renovated, repaired, altered or otherwise improved by more than 50% of its reasonable replacement value at the time of renovation, repair, or alteration shall be brought into conformance with all applicable sections of this zoning code. This shall include the upgrading of the site to meet landscaping, buffering, parking, stormwater, and other applicable requirements.
   (D)   Change of use.  A nonconforming building, structure or land use shall not be changed to another nonconforming use.
   (E)   Abandonment of use.
      (1)   Definition.
         (a)   As used herein, a use shall be deemed to have been abandoned, when it has been discontinued, whether temporarily or permanently, with the intent to abandon the use.
         (b)   Evidence of abandonment shall include, but not be limited to, lack of use vacancy for at least 12 consecutive months, or for 18 accumulated months in a two-year period, or substituting conforming use.
      (2)   A nonconforming use of a structure, building, or land that has been declared abandoned shall not thereafter be reestablished, except in conformity with the provisions of this chapter.
   (F)   Restoration of damaged structures.
      (1)   Any nonconforming building or structure (including signs) damaged to more than 50% of its reasonable replacement value at the time of damage, either through neglect, deferred maintenance or normal wear and tear over a period of time, or by fire, flood, explosion, wind, earthquake, war, riot, or other act of God, shall not be reconstructed and used as before such happenings.
         (a)   If less than 50% damaged, it may be repaired, provided that such repair is started within six months of such happenings.
         (b)   The foregoing restrictions shall not apply to duplex or multifamily units that are deemed to be nonconforming solely on the basis of residential density requirements.
         (c)   These units may be replaced, but such replacement units must comply with all other applicable sections of the Zoning Code.
      (2)   For the purpose of this section, the percentage of damage for buildings shall be calculated by dividing the estimated cost of restoring the building as nearly as possible to its condition prior to the occurrence, by the appraised value of the building (excluding the value of the land) immediately prior to the occurrence.
      (3)   The percentage of damage for other structures shall be calculated by dividing the estimated
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cost of restoring the structure (or sign) by its reasonable replacement cost.
   (G)   Extensions.
      (1)   A nonconforming use of land or building shall not be enlarged, intensified, or extended in such a way as to displace a conforming use or building.
      (2)   A nonconforming use of land, structure, or building may not be extended to occupy additional land area or height not utilized for such nonconforming use, as of the date of enactment of this chapter.
      (3)   In cases where the use is nonconforming solely as a result of a setback encroachment, additions to the structure can be allowed, provided the new addition does not project into the setback.
      (4)   If a proposed addition would encroach into the same setback that already had been encroached upon, the addition can be allowed, provided that it projects no further into the setback than the existing structure, and in no way extends past the line of the existing house.
   (H)   Construction approved prior to chapter.
      (1)   Nothing herein contained shall require any change in plans, construction, or designated use of a structure or building for which the land owner can establish that he or she has a vested right to continue such use, though it does not conform to this chapter.
      (2)   Such structure or building shall be deemed to be a nonconforming use and shall thereafter be subject to the regulations set forth herein.
   (I)   Cessation.  All nonconforming uses of land shall be discontinued, and all nonconforming buildings
or other structures shall be torn down, altered, or otherwise made to conform with the provisions of this chapter within the following periods of time after the chapter is enacted into law.
      (1)   Nonconforming fences, hedges, shrubbery, and signs impeding vision at intersections shall be brought into compliance by removal, relocation, or alteration within 90 days from the effective date of this chapter.
      (2)   Nonconforming mobile homes.
         (a)   Nonconforming mobile homes or mobile homes sales, if vacated for six consecutive months.
         (b)   An existing nonconforming mobile home shall not be replaced with another mobile home.
      (3)   Exterior storage of vehicles.
         (a)   Except as otherwise specifically permitted within the use district regulations of this chapter, it shall be unlawful to keep, store, or otherwise maintain, indoors or outdoors, for a period in excess of 48 hours, any motor vehicle that meets any of the following criteria:
            1.   Has been damaged to such an extent that the cost of repairs would exceed the cost of the repaired vehicle;
            2.   Does not have a current motor vehicle license;
            3.   Does not have a current inspection sticker; or
            4.   Is inoperable.
         (b)   Nothing herein shall be deemed to prohibit the restoration of licensed antique automobiles or other motor vehicles of special value.
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   (J)   Insufficient automobile parking facilities. Where the automobile parking facilities are insufficient to meet the standards set forth in this chapter, or where no such parking facilities have been provided for buildings constructed prior to the effective date of this chapter, such buildings may not be altered, nor may any additional facilities be provided within such buildings, until after the requirements for off-street parking shall have been satisfied for those facilities thus added or enlarged.
   (K)   Notice for nonconforming uses.
      (1)   Notice shall be sent by the Zoning Administrator by certified mail to all nonconforming uses, stating wherein they do not conform to this chapter, and the date by which they must either comply or cease to exist.
      (2)   The date that a nonconforming use must either comply or cease to exist shall be measured from the date of enactment of this chapter, and shall be observed, regardless of whether notice of nonconformity is sent by the Zoning Administrator or received by the affected owner.
   (L)   Historic properties.  Notwithstanding any of the preceding provisions of this division, historic properties, as defined herein, may be considered conforming to this code with respect to any height, setback, yard, area, or other dimension found by the Old Village Historic District Commission to be of historic significance. In this regard, these existing conditions may supersede any conflicting standard set forth in the zoning district in which the building is located, and may be applied to the building and the site in making future determinations of conformity as to the existing building or any changes consistent with an approved Certificate of Appropriateness.
('81 Code, § 155.72) (Ord. passed 8-13-79; Am. Ord. passed 6-9-92; Am. Ord. passed 8-11-92; Am. Ord.94029, passed 8-9-94; Am. Ord. 99012, passed 4-21-99; Am. Ord. 01001, passed 2-13-01; Am. Ord. 02024, passed 6-11-02; Am. Ord. 08037, passed 7-8-08; Am. Ord. 10035, passed 7-13-10; Am. Ord. 13010, passed 3-12-13; Am. Ord. 14047, passed 8-12-14)  Penalty, see § 156.034