(A) Nonconforming use or structure. Any lawful use of land or building as of the effective date of this chapter and located in a district in which it would not be permitted as a new use under the regulations of this chapter, is hereby declared to be a nonconforming use and not in violation of this chapter at the date of adoption of the chapter; provided, however, that a nonconforming use shall be subject to, and the owner shall comply with, the following regulations.
(B) Change of use.
(1) A nonconforming use in a building or structure may be changed to another nonconforming use of the same or greater restriction provided no structural changes are made to the building. For purposes of this division, districts are arranged in the following order from most restrictive to least restrictive: FP, AG, AG-B, R-1, R-2, R-3, R-4, PD, MF, C-1, C-2, C-3, and M-1.
(2) Whenever a nonconforming use has been changed to a conforming use, it shall not be changed back to a nonconforming use.
(C) Expansion of nonconforming use prohibited.
(1) A nonconforming use of a building shall not be expanded, nor shall it be relocated on the same parcel.
(2) If only a portion of a building or structure houses a nonconforming use, that nonconforming use shall not be expanded or extended within the building.
(D) Amortization of nonconforming uses or buildings.
(1) Whenever a nonconforming use has been discontinued for a period of one year, that use shall not be reestablished and any future use shall be in conformity with the provisions of this chapter. A nonconforming use shall be presumed to be abandoned when the intent of the owner or occupant to discontinue the nonconforming use is apparent to the reasonable person.
(2) Except as provided in division (D)(3) of this section, whenever a nonconforming structure has been destroyed or damaged by fire, explosion, act of God, or public enemy, by more than 50% of the nonconforming structure’s area in square feet at the time the damage was incurred, the structure may not be reconstructed unless the structure is made to conform to this chapter.
(3) Nonconforming structures used for agricultural purposes, as defined in § 156.010 of this code, in an agricultural district are exempt from division (D)(2) above provided they meet all of the following conditions:
(a) A new building permit is obtained from the town for the new structure within one year of the destruction of the old structure;
(b) The new structure must replace an existing structure damaged per division (D)(2) of this section;
(c) There shall be no more than a 10% increase in square footage between the old and replacement structures;
(d) The replacement structure shall be located approximately on the same physical location upon the property as the destroyed structure unless, in the opinion of the Building Administrator, physical conditions make the site unacceptable; and
(e) The replacement structure may be used for agricultural uses only.
(Ord. 23, §§ 2.20.10 - 2.20.40, passed 3-19-1997; Am. Ord. 45, passed 4-15-1998) Penalty, see § 156.999