(A)
Minor repairs to and routine maintenance of property where non-conforming situations exist are permitted and encouraged. Major renovation (i.e., work estimated to cost more than 75% of the appraised valuation of the structure prior to damage and/or renovation) may be done only in accordance with a zoning permit issued pursuant to this section.
(B) If a structure located on a lot where a non-conforming situation exists is damaged to an extent that the costs of repair or replacement would exceed 75% of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a zoning permit issued pursuant to this section. This division (B) does not apply to structures used for single-family residential purposes, which structures may be reconstructed pursuant to a zoning permit just as they may be enlarged or replaced as provided in § 153.033(E).
(C) (1) For purposes of divisions (A) and (B) above:
(a) The COST of renovation or repair or replacement shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair or replacement;
(b) The COST of renovation or repair or replacement shall mean the total cost of all such intended work, and no person may seek to avoid the intent of divisions (A) and (B) above by doing such work incrementally; and
(c) The APPRAISED VALUATION shall mean either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation, or the valuation determined by a professionally recognized property appraiser.
(2) It shall be the responsibility of the property owner to supply the town with the appraised valuation of the property. Said valuation shall include the necessary documentation to support the valuation.
(D) (1) The Zoning Administrator shall issue a permit authorized by this section if he or she finds that, in completing the renovation, repair or replacement work:
(a) No violation of § 153.033 will occur; and
(b) The permittee will comply to the extent reasonably possible with all provisions of this chapter applicable to the existing use (except that the permittee shall not lose his or her right to continue a non-conforming use, except for those reasons outlined in § 153.036).
(2) Compliance with a requirement of this subchapter is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the non-conforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)