Except as otherwise listed below, a legal nonconforming use may continue indefinitely.
A. Nonconforming Commercial And Industrial Uses: Nonconforming commercial and industrial uses shall be terminated or made conforming as to use within ten (10) years from the date on which the Town rendered the use nonconforming.
B. Other Nonconforming Nonresidential Use: Other nonconforming non-residential uses shall be terminated or made conforming as to use within ten (10) years from the date on which the Town rendered the use nonconforming.
C. Nonconforming Mobilehome Park: A mobilehome park that is nonconforming as to use shall be terminated within twenty (20) years from the date on which the Town rendered the use nonconforming.
D. Nonconforming Animal Keeping: Any nonconforming animal keeping, whether a primary use or an accessory use, shall be terminated or made conforming within three (3) years from the date on which the Town rendered the use nonconforming.
E. Nonconforming Use Eligible For Conditional Use Permit Or Other Approval: Any nonconforming use that is eligible to be considered for a conditional use permit, land use compliance review, or other discretionary approval under this Development Code shall be considered to be a nonconforming use unless and until such permit or other such approval is granted.
F. Modifications And Extensions To Legal Nonconforming Uses:
1. A legal nonconforming use shall not be modified in any manner that expands, extends, or enlarges the use beyond its existing scope upon the date the nonconformity was created, except as specified below:
a. The changes are, in and of themselves, in conformance with the provisions of this Development Code.
b. The changes are limited to minor alterations, improvements, or repairs that do not increase the degree of nonconformity present and do not constitute or tend to produce an expansion or intensification of a nonconforming use. A minor alteration shall not increase the area of the nonconforming structure by more than one hundred twenty (120) square feet cumulative.
c. The changes are required by other laws.
d. The changes are incidental to the public acquisition of a portion of a site, no greater degree of nonconformity will be created other than that caused as a result of the public acquisition, and the changed development will conform to current regulations to the maximum extent feasible.
2. No change made to any development or use shall be construed as automatically permitting an extension of any time limit for the termination of a nonconformity.
3. Notwithstanding the provisions regarding conditional use permit or variance, the Director may allow the construction of an additional modification to a legally existing structure within a current yard setback area, as established by an applicable residential land use district, when such legally existing building is within the yard setback area, and provided such additional modification does not exceed the projection of the existing structure into such current yard setback area and does not come closer than three feet (3') to any property line.
4. The requirements for a conditional use permit shall not apply to nonconforming residential uses, where such uses are being expanded or modified by no more than twenty five percent (25%) of the floor space or ground area existing at the time such use became a nonconforming use.
G. Discontinuance Of Legal Nonconforming Use:
1. If any legal nonconforming use is discontinued for a period of one hundred eighty (180) consecutive days or more, subsequent use of the land shall be in conformity with the provisions of this Development Code. Maintenance of a valid business license shall of itself not be considered a continuation of the use.
2. This section shall not apply to any use for which a different period of discontinuance or abandonment is specified under other provisions of this Development Code. (Ord. 261, 11-15-2016)