(A) A use which was legally established but it is no longer classified as a permitted use but is now allowed as a
or conditional use shall not be considered con-conforming if it was legally established under a previous ordinance.
(B) Extension of use. A of land shall not be enlarged, extended, or intensified in any way except as provided below.
(C) Continuation, maintenance and minor repair. Pursuant and subject to § 152.090, the continuation of a of land and the maintenance or minor repair of a containing a is permitted, provided that the continuation, maintenance, or minor repair does not extend, expand, or increase the intensity of the . To increase the intensity would be for example when the is over the on the right side, you may increase the left side but not the area out of conformity. For the purposes of this section, maintenance or minor repair shall mean:
(1) Repairs that are necessary to maintain and to correct any damage or deterioration to the structural soundness or interior and exterior appearance of a or
without expanding or altering the or
;
(2) Maintenance of land areas to protect against health hazards and promote the safety of surrounding land uses;
(3) The addition of landscaping that increase the visual attractiveness of the property; and
(4) Repairs which are required to remedy unsafe conditions which cause a threat to public safety.
(D) Damage or destruction.
(1) If a
of land or a
containing a
is destroyed by any means other than Acts of God, to an extent greater than 50% of its replacement cost at the time of destruction, then such use shall not be reestablished in any way that does not conform to the requirements of this chapter.
(2) However, if the destruction is a result of acts of God such as a natural disaster the use and or
can be re-established to the previous extent as long as it is not in violation with federal, state or local law. For the purpose hereof, an “act of God” is a natural occurrence such as an earthquake, , fire, straight line winds, hurricane, tornado or similar event which causes great damage to property.
(E) Change of use. Any of land may be changed to a conforming use by securing all approvals and permits that this chapter requires for the intended or resulting use, , , or . No may be changed to another unless the town determines, after a public hearing is held, it is a change in use of a to a different, less intensive or a use more compatible with the
and this chapter.
(F) Cessation of use. If a is discontinued for 180 consecutive days or more, then the property shall thereafter be occupied and used only for a conforming use. If a of property is discontinued, but reestablished within 180 days, then the may continue, provided that the nature and degree of the
will not be changed or increased from that which existed before the was discontinued.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2016-O11, passed 9-13-2016)