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(A) A
may be changed to a conforming use. Thereafter, the property may not revert to a
.
(B) A
may be changed to another
only in accordance with a
issued by the
. The Board shall issue such a permit if it finds that the proposed use will be more compatible with the surrounding neighborhood than the use or combination of uses in operation at the time the application is made for the permit.
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2010-O20, passed 7-20-2010)
(A) When a
is (1) discontinued for a consecutive period of 180 days, or (2) discontinued for any period of time without a present intention to reinstate the
(maintaining minimum services, water, sewer, electricity), the property involved may thereafter be used only for conforming purposes, except as provided in division (B) of this section.
(B) The
may issue a
to allow a
that has been discontinued for more than 180 consecutive days to be reinstated if it finds that (1) the
has been discontinued for less than two years, and (2) the discontinuance resulted from factors that, for all practical purposes, were beyond the control of the
maintaining the
.
(C) If the principal activity on property where a other than a
exists is (1) discontinued for a consecutive period of 180 days, or (2) discontinued for any period of time without a present intention of resuming that activity (maintaining minimum services, water, sewer, electricity), then that property may thereafter be used only in conformity with all of the regulations applicable to the district in which the property is located, unless the
issues a
to allow the property to be used (for a conforming purpose) without correcting the nonconforming situation. The Board shall issue such a permit if it finds that (1) the nonconforming situation cannot be corrected without undue hardship or expense, and (2) the nonconforming situation is of a minor nature that does not adversely affect the surrounding property or the general public to any significant extent.
(D) For purposes of determining whether a right to continue a is lost pursuant to this subsection, all of the , activities, and operations maintained on a
are generally to be considered as a whole. For example, the failure to rent one
in a nonconforming
or one space in a nonconforming
for 180 days shall not result in a loss of the right to rent that
or space thereafter so long as the
or
as a whole is continuously maintained. But if a
is maintained in conjunction with a conforming use, discontinuance of a
for the required period shall terminate the right to maintain it thereafter. And so, if a
is used as a
on a residential
where a conforming residential
also is located, removal of that
for 180 days terminates the right to replace it.
(E) When a
or operation made nonconforming by this chapter is vacant or discontinued at the effective date of this chapter, the 180-day period for purposes of this subsection begins to run at the effective date of this chapter unless services are maintained (water, sewer, electricity).
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2010-O20, passed 7-20-2010; Am. Ord. 2016-O11, passed 9-13-2016)
(A) All work on any nonconforming project shall cease on the effective date of this chapter, and all permits previously issued for work on nonconforming projects shall be revoked as of that date. Thereafter, work on nonconforming projects may begin, or may be continued, only pursuant to a
issued by the
(except as provided in division (B) of this section). The Board shall issue such a permit if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on the land use law as it existed before the effective date of this chapter and thereby would be unreasonably prejudiced if not allowed to complete his project as proposed. In considering whether these findings may be made, the Board shall be guided by the following:
(1) All expenditures made pursuant to a validly issued and unrevoked or
shall be considered as evidence of reasonable reliance on the land use law that existed before this chapter became effective;
(2) Except as provided in division (A)(1) of this section, no expenditures made more than 180 days before the effective date of this chapter shall be considered as evidence of reasonable reliance on the land use law that existed before this chapter became effective. An expenditure is made at the time a party incurs a binding obligation to make that expenditure;
(3) To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made expenditure to acquire a potential
site if the property obtained is just as valuable under the new classification as it was under the old, or the expenditure can be recovered by resale of the property;
(4) An expenditure shall be considered substantial if it is significant both in dollar amount and in terms of (a) the total estimated cost of the proposed project, and (b) the ordinary business practices of the
;
(5) A
shall be considered to have acted in good faith if actual knowledge of a proposed change in the land use law affecting the proposed
site could not be attributed to him or her; and
(6) Even though a
had actual knowledge of a proposed change in the land use law affecting a
site, the Board may still find that he acted in good faith if he or she did not proceed with his or her plans in a deliberate attempt to circumvent the effects of the proposed ordinance. The Board may find that the
did not proceed in an attempt to undermine the proposed ordinance if it determines that (a) at the time the expenditures were made, either there was considerable doubt about whether any ordinance would ultimately be passed, or it was not clear that the proposed ordinance would ultimately be passed, or it was not clear that the proposed ordinance would prohibit the intended
; and (b) the
had legitimate business reasons for making expenditures.
(B) The requirements of division (A) of this section shall not apply to a nonconforming project if the
certifies that actual construction of that project began at least 180 days before the effective date of this chapter and that the work is at least 75% complete at the effective date of this chapter.
(C) The
shall not consider any application for a
authorized by division (A) of this section that is submitted more than 60 days after the effective date of this chapter, unless it waives this requirement for good cause shown.
(D) If the
issues a
pursuant to division (A) of this section, it may attach such reasonable conditions to the permit as it finds necessary to reduce the extent to which the nonconforming project is incompatible with the surrounding neighborhood. In particular, the Board may require that work on the nonconforming project be continuously maintained, if possible, and that the project be completed as expeditiously as possible.
(E) The
shall send copies of this subsection to the
(and
, if different from the
) of all properties in regard to which permits have been issued for nonconforming projects or in regard to which a nonconforming project is otherwise known to be under construction. This notice shall be sent by registered mail not less than 15 days before the effective date of this chapter.
(F) The
shall establish expedited procedures for hearing applications for
under this subsection. These applications shall be heard, whenever possible, before the effective date of this chapter, so that construction work is not needlessly interrupted.
(G) When it appears from the
’s plans or otherwise that the nonconforming project was intended to be or reasonably could be completed in stages, segments or other discreet units, the
shall not allow the nonconforming project to be constructed or completed in a fashion that is larger or more extensive than is necessary to allow the
to recoup and obtain a reasonable rate of return on the expenditures he has made in connection with that nonconforming project.
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2010-O20, passed 7-20-2010)
DEVELOPMENT APPROVALS
(A) No person shall commence or proceed with development without first securing any required development approval required by the State Building Code, or other state or local law from the town. A
shall be in writing and may contain a provision that the development shall comply with all applicable state and local laws. Applications for
s may be made by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner.
(B) Development approvals are issued under this chapter only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this chapter if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in §§ 152.130 through 152.135, all development shall occur strictly in accordance with such approved plans and applications.
(C) Physical improvements or alteration of land may not be commenced except in accordance with a land improvement permit issued by the Town Manager or his/her designee pursuant to the requirements of § 152.538.
(D) A
shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2006-11, passed 4-18-2006; Am. Ord. 2010-O20, passed 7-20-2010; Am. Ord. 2014-O9, passed 4-15-2014; Am. Ord. 2021-O3, passed 5-24-2021; Am. Ord. 2021-O4, passed 6-28-2021)
Issuance of a
,
permit, land
, or
authorizes the recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a permit) to commence work designed to construct, erect, move, or substantially alter or other substantial structures or to make necessary
to a
. However, except as provided in § 152.111, the intended use may not be commenced, no may be occupied, and in the case of subdivisions, no
may be sold until all of the requirements of this chapter and all additional requirements imposed pursuant to the issuance of a
have been complied with.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2014-O9, passed 4-15-2014)
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