(A) Purpose. The purpose of this provision is to provide for the short term maintenance of uses which do not conform to the provisions of this chapter and which were lawful at the time this chapter was adopted. The purpose is also to provide for the gradual elimination of nonconforming uses to uses which conform to the provisions of this chapter in order to accomplish the objectives of the chapter without undue burden to a single property owner.
(B) Exception for repairs pursuant to public order. In order to accomplish the objectives of the chapter without posing any hazard to the public or occupants of buildings and structures, nothing in this section shall be deemed to prevent the strengthening or restoration of an unsafe structure. If any public official charged with protecting the public safety finds that a nonconforming structure or sign is unsafe in its then present condition, repair or restoration in violation of the provisions of this section may occur.
(C) Classification of types of nonconforming uses. In order to limit the burden of converting a nonconforming use to a conforming use, the town has adopted different regulations for different classes of nonconforming uses. The classes of nonconforming uses are as follows.
(1) Class 1. A Class 1 nonconforming use is the use of a building or structure which is specifically designed for the nonconforming use, and which requires substantial modification in order to accommodate a conforming use.
(2) Class 2. A Class 2 nonconforming use is a use of a building or structure which is designed to accommodate uses which conform to the requirements of this chapter, and which could accommodate a conforming use without any substantial modification.
(3) Class 3. A Class 3 nonconforming use is a use of a building or structure which is not conforming as to bulk, height, required yard, floor area ratio or setback.
(4) Class 4. A nonconforming use of land not involving a building or structure.
(D) General regulations.
(1) Improvements underground or at ground level. Non-accessory improvements which are underground or substantially underground and which have a current market value in excess of $5,000 and which comprise substantially all the improvements enjoyed in nonconforming use of land shall be deemed nonconforming structures and subject to the applicable provisions of this section.
(2) Nonconforming use of land accessory to the nonconforming use of a building and structure. The nonconforming use of land which is accessory to the nonconforming use of a building or structure may be continued for such time as the nonconforming use of the building or structure is permitted under the provisions of this section.
(3) Relocation of building or structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved and the use made thereof is made to conform to all of the regulations of the district in which it is to be located.
(4) Restoration of buildings.
(a) A nonconforming building, except one identified by Town Council action as being of historic significance, which is destroyed or damaged by fire or other casualty or act of God may be restored only if the cost of reconstruction to a condition in which it was prior to the casualty does not exceed 50% of the replacement cost of the entire building and providing no restoration or reconstruction shall be undertaken unless it is started within one year from the date of notice by the Zoning Administrator of this provision or the date of partial destruction which ever is later and completed within 24 months from the date of partial destruction.
(b) The time and cost limitations set forth herein shall not apply to any single-family dwelling located in a residential district providing reconstruction of the dwelling begins within one year from the date of partial destruction and is thereafter diligently pursued. A nonconforming building, identified by Town Council action as being of historic significance may be restored in conformance with these provisions without respect to cost or replacement cost.
(5) Accessory buildings. The requirements for nonconforming uses of nonconforming buildings, structures or uses shall apply to all accessory buildings, structures or buildings located on the same zoning lot.
(6) Burden of establishing nonconforming use.
(a) The burden of establishing any legal nonconforming use is to be met by the owner or party seeking to continue the use, or any person applying for a zoning certificate.
(b) Such persons shall provide sufficient proof in a form acceptable to the Zoning Administrator of the following:
1. Date of construction of the building or structure or date the use was established (proof may consist of a certified copy of a business license or building permit);
2. Continuous operation of the nonconforming use (proof may consist of affidavits signed by persons having personal knowledge of the use of the premises since the use was established); and
3. Such other proof as may be deemed necessary by the Zoning Administrator.
(7) Discontinuance of abandoned nonconforming use. Except as otherwise provided herein, the voluntary abandonment of any nonconforming use of a building, structure or premises for a period longer than six months shall terminate any rights conferred by this section to continue such use.
(8) Expansion of nonconforming use within a building.
(a) Class 1 and Class 3 nonconforming uses of a portion of a building may be expanded throughout the building in which they are located but no changes or structural alterations shall be permitted which would increase the bulk of such building or structure unless such changes conform to all the provisions of the zoning district in which such building is located.
(b) Expansion of any Class 2 nonconforming use of any building or structure into any portion of the building in which it is not located shall not be permitted.
(9) Change in nonconforming use.
(a) 1. Class 1 nonconforming uses may be changed to another nonconforming use which is not permitted in the district providing that such use is not permitted in a more restrictive district than the district in which the existing nonconforming use is permitted.
2. Such change shall be permitted only after it has been reviewed by the Board of Zoning Appeals and approved as a special use. The jurisdiction over such change, the review of proposals and approval standards and procedures shall be the same as those which are applied for special uses, however the proposed changed use need not be specifically listed as special uses in the district in which they are sought.
(b) Class 2 and Class 3 nonconforming uses shall not be changed to another nonconforming use.
(c) No Class 4 nonconforming uses may be expanded, or extended beyond the area they occupy.
(10) Extension of time. The Town Council, after receiving recommendations from the Board of Zoning Appeals, and after such Board has conducted a public hearing, may extend the time period for any break in a nonconforming use for an additional six months.
(11) Nonconforming parking and landscaping. When a proposed or completed repair, change in use, expansion of use or change in structure result in nonconforming parking or landscaping, any person interested in the use or structure may petition for a waiver of any portion or all of the landscaping or parking requirement resulting from such change or proposed change. The procedures governing such waiver and decision making authority with respect to such waiver shall be the same as for minor variations. Such waivers shall be granted only when they are in the interest of the town, or when conformance with the parking and landscaping requirements pose some practical difficulty or particular hardship. In determining whether there is a hardship, the Administrator shall balance the cost of conformance against the detriment which may result from granting the waiver. Conditions or restrictions may be imposed by the Administrator at the time any waiver is granted. If the change is a proposed one, the waiver shall be applied for at the time of application for an improvement permit. If change has been completed the property agent shall have 30 days from occupancy or use to apply for a waiver.
(E) Nonconforming use of lots of record.
(1) Erection of new residences in residential districts, where permitted shall be permitted where both the lot width and total lot area each are at least 80% of that which is required, and where at least 80% of any required lot area for each dwelling is provided.
(2) The erection of new single-family dwellings on nonconforming lots is subject to the following additional regulations.
(a) The lot area shall be no less than 80% of the required lot area.
(b) The dwelling shall be placed on the lot so as to provide a yard on each side of the dwelling such that the sum of the widths of the two side yards shall be not less than the minimum required, or the greater of the following: 20% of the width of the lot or three feet.
(3) The erection of new structures or buildings in nonresidential districts, shall be permitted on nonconforming lots of record if such proposed structure meets all of the requirements of the district in which it is sought to be located except for lot area.
(4) Structures and buildings on nonconforming lots in existence at the time this chapter was adopted may be maintained as nonconforming uses subject to the general provisions of this section.
(F) Special regulations for pre-code non conforming buildings, structures and uses. Not withstanding the other provisions of this chapter the following additional provisions shall apply to pre-code uses.
(1) Pre-code uses shall be those uses which were established prior to April 1, 1931.
(2) Class 1 and Class 3 pre-code uses may be continued subject to the following restrictions.
(a) No repairs structural alterations or additions may be made to a Class 1 building which would increase the bulk of the building.
(b) No increase in the bulk of a Class 3 pre-code use is permitted unless such increase in bulk conforms to the provisions of this chapter.
(c) Class 2 pre-code uses may be continued subject to the following: repairs, additions or alterations and structural changes may be made to a nonconforming pre-code building or structure provided that said repairs, alterations or structural regulations conform to the regulations of the district in which such building is located.
(G) Nonconforming signs.
(1) Existing permanent signs subject to amortization. All nonconforming signs must be removed or brought into compliance with this chapter within seven years of the effective date of this chapter.
(2) Removal of certain signs; unsafe signs.
(a) If the Administrator finds that any sign, retractable canopy or awning is unsafe or insecure, or is a menace to the public, he or she shall given written notice to the person displaying such sign correction of the condition which causes the Administrator to give such notice shall be effected within ten days after receipt of the notice.
(b) If such condition is not corrected after such ten-day period, the Administrator is authorized to cause the sign to be removed forthwith at the expense of the person displaying the sign.
(c) Notwithstanding the foregoing provisions, the Administrator is authorized to cause any sign, retractable canopy or awning to be removed summarily and without notice whenever he or she finds that such a sign, canopy or awning is an immediate peril to persons or property.
(Ord. 1997-1, § 130.4(A), passed 1-22-1997)