(A) Ordinary repairs. On any legally established nonconforming building or structure, or portion of a building or structure containing a legally established nonconforming use, work may be done on ordinary repairs or on the repair or replacement of non-bearing walls, fixtures, wiring or plumbing, provided that the cubic feet content existing when the building or structure, or portion of a building or structure containing a legally established nonconforming use, became nonconforming shall not be increased. Nothing herein shall be deemed to prevent the strengthening, repairing, or restoring to safe condition of any building or structure, or part thereof, declared to be unsafe by any official charged with protecting the public safety, upon order of the official.
(B) Reconstruction prohibited. If a legally established nonconforming building or structure or portions of a building or structure containing a legally established nonconforming use becomes unsafe or unlawful by reason of physical condition and is razed, the building or structure shall not thereafter be rebuilt or used except in conformity with the provisions of this chapter.
(C) Remodeling. The gross floor area and the maximum building height devoted to the legally established nonconforming use shall not be increased, except as such increase is required to comply with other applicable federal, state, or local regulations (i.e., minor enlargements to accommodate ADA accessibility guidelines or current building codes).
(D) Parking area, outside storage area or outside operations area.
(1) A legally established nonconforming parking area, outside storage area or outside operations area may be maintained, repaired, or upgraded by hardsurfacing with asphalt or concrete, provided that:
(a) There is no increase in the total area occupied by the parking area, outside storage area or outside operations area; and
(b) If, in the discretion of the Zoning Administrator, the hardsurfacing would serve to reduce a potential negative impact of the existing parking area, outside storage area, or outside operations area on surrounding properties (e.g., reduction in fugitive dust emissions, noise, erosion, and the like).
(2) In case of disagreement with the determination of the Zoning Administrator, any aggrieved party may file an appeal with the Board of Zoning Appeals pursuant to the provision of § 152.367. Such hardsurfacing shall require an improvement location permit and shall also be subject to full review under and compliance with the storm drainage requirements of the town.
(Ord. 1221, § 1.03(i), passed 1-26-2010)