(a) Extension of use. Nonconforming buildings and nonconforming uses may not be enlarged. Additionally, no nonconforming structure or use may be enlarged or altered in any way, which increases its dimensional deficiencies.
(b) Change of use. Except as otherwise provided, the lawful use of a building existing at the time of the adoption of this chapter may be continued, even though such use does not conform to the provisions of this chapter. Furthermore, such building may be structurally altered and any nonconforming use therein changed subject to the following regulations:
(1) The order of classification of uses from highest to lowest for the purpose of this section shall be as follows: residential district uses, business district uses, industrial district uses, as permitted by this chapter.
(2) A nonconforming use may be changed to a use of higher classification but not to a use of lower classification. A nonconforming use may not be changed to another use of the same classification unless the new use shall be deemed by the Town Council, after public notice and hearing, to be less harmful to the surrounding neighborhood than the existing nonconforming use.
(3) A nonconforming commercial or industrial use may not be extended, but the extension of use to any portion of a building, which portion is at the time of the adoption of this chapter primarily designed for such nonconforming use, shall not be deemed to be an extension of a nonconforming use.
(4) A special use permit has been issued by the Town Council for the proposed change or alteration.
(c) Cessation of use. If a nonconforming use is discontinued for a consecutive period of one hundred eighty (180) days, any future use of the buildings and premises shall conform to the provisions of this chapter.
(d) Repairs, maintenance, damage, or destruction.
(1) Minor repairs to and routine maintenance of property where non-conforming situations exist is permitted and encouraged. A major renovation, i.e. works to cost more than twenty-five percent (25%) of the appraised valuation of the structure to be renovated, may be done only following the regulations of the district in which it was located. The twenty-five percent (25%) cost limit stated above shall include all work within any eighteen (18) months.
(2) Nothing in this section shall be construed to prevent structures from being structurally strengthened or restored to a safe condition, following an official order of a public official. When improvements are made to restore the property to a safe condition, the costs of such repairs or alterations shall not be included in the twenty- five percent (25%) noted in the preceding division.
(3) If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed fifty percent (50%) of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only per the regulations of the district in which it is located. Any repairs or replacement of a nonconforming situation, including residential structures, must be started (obtain building permit) within one hundred eighty (180) days after the initial damage.
(e) Manufactured homes. Regarding manufactured homes, refer to Article G. (Ord. of 1/10/05; Ord. of 1/7/08; Ord. of 12/6/10; Ord. of 6/28/21)