(A) The provisions of this section are intended to apply only to nonconforming uses, and are not intended to apply to legally permitted buildings, structures, and their lots, existing at the effective date of this LDC which do not meet the regulations of this LDC for height, yards, lot size, lot area coverage, separation, or other similar dimensional requirements or limitations. Any additions, extensions, or alterations to such existing buildings or structures shall comply with all applicable provisions of this subchapter.
(B) Repair, alteration, or enlargement.
(1) No structure utilized for a nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, unless the use is changed to one which complies with the provisions of this LDC.
(2) Repairs, maintenance, and improvement may be carried out in any one year in an amount not to exceed 25% of the assessed value of the structure for that year; provided that the work does not increase the cubical content of the building nor the floor area devoted to the nonconforming use, nor increase the number of dwelling units.
(3) Nothing in this section shall prevent compliance with applicable laws or resolutions relative to the safety and sanitation of a building occupied by a nonconforming use.
(C) Reconstruction after catastrophe. If any nonconforming structure, or building in which there is a nonconforming use, is damaged by fire, flood, explosion, collapse, wind, war, or other catastrophe to such an extent that the cost of rebuilding, repair, and reconstruction will exceed 75% of the replacement cost of the building or structure, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located.
(D) Continuance. Any legal nonconforming use or structure may remain until modified or altered.
(E) Unlawful use not authorized. Nothing in this LDC shall be interpreted as authorization for, or approval of, the continuation of the use of the structure or premises in violation of any resolution in effect at the effective date of this LDC.
(F) Illegal use. The casual, temporary, or illegal use of land or a building shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such a use.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)
BUFFERYARDS, ENCROACHMENT AND SCREENING