After the effective date of this chapter, existing structures, or the uses of land or structures which would be prohibited under the regulations for the district in which it is located (if they existed on the adoption date of this chapter), shall be considered as nonconforming. Nonconforming structures or uses (as defined in § 152.005) may be continued provided they conform to the following provisions.
(A) Continuing nonconforming uses of land.
(1) Extensions of use. Nonconforming uses or land shall not hereafter be enlarged or extended in any way.
(2) Change of use. Any nonconforming uses of land may be changed to a conforming use, or with the approval of the Board of Adjustment, to any use more in character with the uses permitted in the district in question.
(3) Cessation of use. When nonconforming uses of land are discontinued for a continuous period of 180 days the property involved may thereafter be used only for conforming purposes.
(a) All nonconforming uses of land involving minor structures such as junkyards, signs or any nonconforming uses similar to those enumerated, shall be eliminated within two years from the date of adoption of this chapter.
(b) A record of these nonconforming uses shall be compiled by the Planning Board and kept on permanent file in the Town Hall.
(c) Involved property owners shall be notified of this provision within six months of the adoption of this chapter.
(B) Continuing the use of nonconforming buildings.
(1) Extensions of use. Nonconforming buildings and nonconforming uses of buildings shall not hereafter be enlarged. Additionally, no nonconforming structure or use may be enlarged or altered in any way which increases its dimensional deficiencies.
(2) Change of use. The lawful use of a building existing at the time of the adoption of this chapter may be continued although such use does not conform with the provisions of this chapter, and such building may be reconstructed or structurally altered and nonconforming use therein changed subject to the following regulations.
(a) The order of classification of uses from highest to lowest for the purpose of this section shall be as follows: single-family residential uses, multi-family residential uses, commercial uses and industrial uses as permitted by this chapter.
(b) A nonconforming use may be changed to a use of higher classification but not to a use of lower classification, nor shall a nonconforming use be changed to another use of the same classification unless the new use shall be deemed by the Board of Adjustment, after public notice and hearing, to be less harmful to the surrounding neighborhood, from the standpoint of the purposes of this chapter, than the existing nonconforming use.
(c) A nonconforming commercial or industrial use may not be extended, but the extension of a use to any portion of a building, which portion is at the time of the adoption of this chapter primarily or designed for such nonconforming use, shall not be deemed to be an extension of a nonconforming use.
(d) Nor shall the building be enlarged, unless the use therein is changed to a conforming use; provided, however, that a nonconforming building damaged by fire, explosion, tornado, earthquake or similar uncontrollable cause to the extent of not more than 60% of its assessed value at the time of the damage may be repaired or rebuilt within one year of the date of such damage, but not thereafter. Such determination shall be made by the Board of Adjustment.
(e) Nevertheless, the erection of a single-family dwelling unit shall be permitted on any lot of record which contains an area or width less than that required for a single-family dwelling in the district in which such lot is located. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership on the effective date of this chapter. Variance of any district regulations other than area and/or width shall be obtained only through the action of the Board of Adjustment.
(3) Cessation of use. If active operations are discontinued for a continuous period of 180 days with respect to a nonconforming use of a building, such nonconforming use shall thereafter be occupied and used for a conforming use. A period, however, between tenants or occupant shall not be construed to mean discontinuance.
(B) Continuing the nonconforming use of manufactured homes and manufactured home parks.
(1) Extension of use. Nonconforming manufactured homes and manufactured home parks existing at the time of the adoption of this chapter shall be allowed to continue to their present existence. Existing mobile home parks shall not hereafter be enlarged or extended in any way.
(2) Replacement of manufactured homes in existing manufactured home parks. Manufactured home parks that are operating as existing parks as of the effective date of this chapter may continue to operate. The replacement of nonconforming manufactured homes in manufactured home parks is allowed and must meet the criteria of this section.
(3) Nonconforming manufactured homes, however, may be replaced provided that the new or replacement manufactured home is a Class B manufactured home as defined in this chapter, is not more than seven years old, and meets all other standards for manufactured homes outlined in § 153.097.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)