Any lawfully established use of a building, structure or land
at the time of the enactment of this chapter or any amendment applicable
thereto that does not conform to the use regulations for the district
in which it is located shall be deemed to be a legal nonconforming
use and may be continued, except as otherwise provided herein.
Any lawfully established construction of a building or structure
at the time of the enactment of this chapter or any amendment applicable
thereto that does not conform to the dimensional regulations for the
district in which it is located shall be deemed a legal nonconforming
structure and may be continued, except as otherwise provided herein.
Any lawfully established lot or parcel of land at the time of
enactment of this chapter or any amendment thereto which does not
meet the requirements for the district in which it is located shall
be deemed to be a legal nonconforming lot and may be used in accordance
with this chapter and as provided herein.
A current file of all legal nonconforming uses, legal nonconforming
structures, and legal nonconforming lots shall be maintained by the
Zoning Administrator listing the following: owner's name and address,
description of all uses of the structure, land or water, a site plan
of the property showing the location and size of all structures on
the same, a plat map showing the dimensions of the lot, and equalized
value of the land and improvements at the time the legal nonconformity
was created.
The property owner has the burden of showing that a use, structure
or lot is legal nonconforming. The determination shall be made by
the Plan Commission after a majority of the members of the Plan Commission
have been satisfied by proof presented by the property owner or agent
that the use, structure and/or lot is in fact legal nonconforming.
Appeals from the decision of the Plan Commission concerning the determination
of legal nonconformity may be made by any person aggrieved to the
Town Board. Such appeal shall be filed with the Clerk within 30 days
after the determination by the Plan Commission.
Once a legal nonconforming use, legal nonconforming structure
or legal nonconforming lot has been changed to conform, it shall not
revert back to the legal nonconforming status.
Subject to the provisions of Article
X, Special Uses, of this Code, conditional use status may be granted to existing legal nonconforming uses upon petition of the owner where such use is determined to not be any of the following:
A. Adverse to any of the following:
B. In conflict with the spirit or intent of the chapter; or
C. Otherwise detrimental to the community and particularly the surrounding
neighborhood.
See Chapter
23, Shoreland, Wetland and Floodplain Zoning, of the Washington County Code.