(A)
After the effective date of this chapter and the effective dates of any modifications or amendments hereto, the existing structures or the existing uses of land or structures maintaining on the adoption dates of this chapter or pertinent amendments which would be prohibited under the regulations for the district in which it is located, shall be considered as non-conforming uses.
(B) Non-conforming structures or uses may be continued; provided, they conform to the following provisions:
(1) Continuing the non-conforming use of land.
(a) Extensions of use. Non-conforming uses of land shall not hereafter be enlarged or extended in any way.
(b) Change of use. Any non-conforming use of land may be changed to a conforming use, or with the approval of the Board of Adjustment to use more in character with the uses permitted in the district.
(c) Cessation of use. All non-conforming uses of land or uses involving only minor structures such as golf driving ranges, auto sales yards, signs or billboard, junk yards or any uses similar to those enumerated, shall be discontinued within three years from the date of adoption of this chapter.
(2) Continuing the use of non-conforming buildings.
(a) General. Non-conforming buildings and non-conforming uses of buildings shall not hereafter be enlarged.
(b) Change of use. If no structural alteration or enlargements are made, any non-conforming building or use of buildings may be changed (with the approval of the Board of Adjustment) to any use more in character with uses permitted in the district. In permitting such change, the Board may require appropriate conditions and safeguards in accordance with the provisions of this chapter.
(c) Cessation of use. With respect to non-residential non-conforming uses of buildings, if active operations are discontinued for a continuous period of six months, such building or buildings shall thereafter be occupied and used only for a conforming use. Non-conforming residential uses may be continued without regard to any period of non-use or non-occupancy; provided that the building has not been occupied or used for any nonresidential purpose since the effective date of this chapter.
(d) Repair and alteration. Normal maintenance and repair in a building occupied by a non-conforming use is permitted, provided it does not expand the non-conforming use.
(e) Damage or destruction. If a building occupied by a non-conforming use is destroyed to such an extent that repair would exceed 50% of its replacement cost at time of destruction, such building may not be restored for any non-conforming use.
(3) Continuing the non-conforming use of mobile homes. Mobile homes located on individual lots made non-conforming by amendments to § 151.136 of this chapter may continue to occupy the present location as a permitted non-conforming use. If any such mobile home shall be removed from its present location, thereafter it shall be unlawful for that mobile home or any other replacement to be placed on that tract or lot or real property, except unless a special use permit is obtained from the Town Board of Adjustment. An owner or owners of a lot or tract upon which is located a non-conforming mobile home may make application to the Board of Adjustment for a special use permit in which application the owners signify that they intend to remove the existing non-conforming mobile home from the lot and desire to replace it with another mobile home. Upon receiving this application, the Board of Adjustment may issue a 60-day temporary occupancy permit to an owner who is replacing a mobile home; provided, the replacing owner agrees to comply with all requirements contained within this section before the expiration of 60 full days from issuance of the 60-day temporary occupancy permit. If the owner has complied within the 60-day period, then the Board of Adjustment shall issue a special use permit. In the event that the 60-day temporary occupancy permit expires without compliance, the owner shall then be in violation of these requirements and subject to the penalties and remedies contained in this chapter. Before a special use permit is issued, the applying owner shall comply with the requirements of the zoning ordinances for residential uses and with all of these additional requirements:
(a) Only one mobile home or one double-wide may be used as a replacement for a mobile home to be moved;
(b) No replacement mobile home shall be situated or placed within 25 feet of any other existing permanent building or other mobile home;
(c) The replacement mobile home and the lot upon which it is situated must comply with the dimensional and setback requirements of the zoning ordinances;
(d) The replacement mobile home must be leveled and blocked up or set up so that wheels or axles do not touch the ground and the replacement mobile home shall be completely underpinned or skirted from the ground to the base floor on all sides of the mobile home;
(e) The replacement mobile home shall be provided with a paved or surfaced driveway, which driveway shall extend from a highway, street, or roadway to the near proximity of the replacement mobile home; and
(f) In the event that an owner of a replacement mobile home erects a porch or stoop, the porch or stoop shall be constructed of treated lumber, concrete or brick and shall be underpinned if made of treated lumber.
(Ord. passed 7-1-1980; Ord. passed 6-25-1987; Res. R-2021-03, passed 6-24-2021)