(A)
When a non-conforming use is discontinued for a continuous period of 180 days, the property involved may thereafter be used only for conforming purposes, except as detailed in division (F) below.
(B) If the principal activity on property where a non-conforming situation other than a non-conforming use exists is discontinued for a continuous period of 180 days, then that property may thereafter be used only in conformity with all of the regulations applicable to the preexisting use, unless the entity with authority to issue a permit for the intended use (i.e., the Board of Adjustment) issues a permit to allow the property to be used for this purpose without correcting the non-conforming situations. This permit may be issued if the Board of Adjustment finds that eliminating a particular non-conformity is not reasonably possible (i.e., cannot be accomplished 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). The permit shall specify which non-conformities need not be corrected.
(C) For purposes of determining whether a right to continue a non-conforming situation is lost pursuant to this section, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a non-conforming apartment building for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained. Likewise, if a non- conforming building remains on the market for rent or sale and fails to be rented within a 180-day period, the said non-conforming building shall be allowed to continue as a non-conformity so long as there is evidence of the owner's intention to actively rent or sell the said building.
(D) If a non-conforming use is maintained in conjunction with a conforming use, discontinuance of a non-conforming use for the required period shall terminate the right to maintain it thereafter.
(E) (1) When a structure or operation made non-conforming by this chapter is vacant or discontinued at the effective date of this chapter, the 180-day period for purposes of this section begins to run at the effective date of this chapter.
(2) It shall be the duty of the Zoning Administrator to determine "substantial" compliance with the minimum standards set forth above, along with other applicable standards specified by this chapter. The determination of the Zoning Officer must be set forth in writing and must include an affirmative assertion by him or her that:
(a) The continuance of the non-conforming residential dwelling will contribute to the preservation of the existing housing stock and not result in an increase in any non-conformity;
(b) The continuance of the non-conforming residential dwelling will provide the occupants thereof with decent, safe and sanitary housing; and
(c) The continuance of the non-conforming residential dwelling will be in general conformity with the town's objectives of providing affordable housing opportunities for its citizens and/or encouraging historic preservation.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)