A.
This article regulates and limits the continued existence of uses,
structures, lots and signs established prior to the effective date
of this chapter that do not conform to the regulations of this chapter
applicable in the zoning districts in which such nonconformities are
located.
B.
The zoning districts established by this chapter are designed to
guide the future use of the Town's land by encouraging the development
of desirable residential, mixed-use and industrial areas with appropriate
groupings of compatible and related uses and thus to promote and protect
the public health, safety and general welfare.
C.
The continued existence of certain nonconformities is frequently
inconsistent with the Comprehensive Plan, and thus the gradual elimination
of such nonconformities is desirable. Other nonconformities may continue
to exist and afford adaptive reuse opportunities that can contribute
to neighborhood character, diversity and services.
D.
The regulations of this section are intended to restrict further
investments that would make nonconformities more permanent in their
location in inappropriate districts as well as to afford opportunities
for creative use and reuse of those other nonconformities that contribute
to a neighborhood and are consistent with the goals of the Comprehensive
Plan.
A.
Authority. Authority to continue any lawfully existing nonconforming
use may be continued so long as it remains otherwise lawful, subject
to the regulations contained in this section. Ordinary repair and
maintenance or replacement, and installation or relocation of nonbearing
walls, nonbearing partitions, fixtures, wiring or plumbing, may be
performed.
B.
Structural alteration or enlargement. No structure shall be structurally
altered or enlarged unless the use thereof shall thereafter conform
to the use regulations of the zoning district in which it is located.
No parking, yard or space and bulk nonconformity may be created or
increased.
C.
Damage or destruction.
(1)
When a structure is damaged or destroyed, by any means not within
the control of the owner, to the extent of more than 50% of the cost
of replacement of the structure new, the structure shall not be restored
unless its use thereafter conforms to the use regulations of the zoning
district in which it is located. No parking, yard or space and bulk
nonconformity may be created or increased.
(2)
When a structure is damaged or destroyed by any means not within
the control of the owner thereof to the extent of 50% or less of the
cost of replacement of the structure new, repair or restoration of
such structure may be made; provided, however, that:
(3)
In no event shall any damage or destruction to such a structure
by means within the control of the owner be repaired or restored except
in accordance with this section.
D.
Moving. No structure or use of land shall be moved in whole or part,
for any distance whatsoever, to any other location on the same or
any other lot, unless the entire structure and/or use conforms to
all regulations of the zoning district in which it is located after
being so moved.
E.
Expansion of use. No use shall be expanded or enlarged or increased
in intensity. Such prohibited activity shall include, but shall not
limited to:
(1)
Expansion of such use to any structure or land area other than
that occupied by such nonconforming use on the effective date of this
chapter, or any amendment hereto, which causes such use to become
nonconforming.
(2)
Expansion of such use within a building or other structure to
any portion of the floor area that was not occupied by such nonconforming
use on the effective date of this chapter, or any amendment to this
chapter, which causes such use to become nonconforming. However, a
nonconforming use located in a structure not designed for any use
permitted in the district in which such structure is located may be
extended throughout any part of such structure, provided that such
expansion shall not be allowed unless off-street parking and loading
spaces required for such expansion can be, and are, provided in accordance
with the requirements and restrictions of this chapter.
(3)
An extension of the hours of operation of such use beyond the
normal hours of operation shall not be allowed.
F.
Change in use.
(1)
A nonconforming use in a structure designed for a use permitted
in the district in which it is located shall not be changed to any
use other than a use permitted in the zoning district in which the
property is located.
(2)
A nonconforming use in a structure not designed for a use permitted
in the district in which it is located shall not be changed to any
use other than a nonconforming use of the same or a more restricted
classification and of the same or lesser level of intensity and impact
or to a use permitted in the zoning district in which the structure
is located.
(3)
Once changed to a permitted use or to a more restrictive use in accordance with Subsection F(1) and (2) above, the use shall not be changed back to the prior nonconforming use. The use is changed when an existing nonconforming use is terminated and a new use commences and continues for a period of seven consecutive days, including any change of use in violation of this subsection.
G.
Abandonment or discontinuance.
(1)
When the active operation of a nonconforming use is discontinued
or abandoned for a period of nine consecutive months, regardless of
any intent to resume or not to abandon the use, the use shall not
be reestablished or resumed. The active operation of a use shall be
the typical or normal activities associated with the use. Any subsequent
use or occupancy of such land or structure shall comply with the use
regulations of the zoning district in which such structure is located.
(2)
Any discontinuance of a use caused by a foreclosure action by
a governmental entity shall not be considered in calculating the length
of discontinuance of this section, for the time period that title
to the property is held by the governmental entity.
(3)
For the purpose of this section, the following circumstances,
which shall not be exclusive, shall contribute towards evidence of
discontinuance or abandonment of a use:
(a)
Failure to maintain regular business hours, typical or normal
for the use (Past operations of the use and/or industry standards
may be used to determine typical or normal hours.); or
(b)
Failure to maintain equipment, supplies or stock-in-trade which
would be used for the active operation of the use; or
(c)
Failure to maintain utilities which would be used for the active
operation of the use; or
(d)
Failure to pay taxes, including but not limited to sales taxes,
workers' compensation taxes, corporate taxes, etc., that would be
required for the active operation of the use; or
(e)
Failure to maintain required local, state or federal licenses
or other approvals that would be required for the active operation
of the use.
(4)
Prior to a determination by the Code Enforcement Officer, based upon evidence of any of the circumstances in Subsection G(3) above, or other relevant evidence that a nonconformity has been discontinued or abandoned, the owner or operator shall have the opportunity to apply for a certificate of nonconformity and thereby establish by relevant and credible evidence that the use has not been discontinued or abandoned.
(5)
The legality of one or more nonconforming uses located within
a property shall not affect the determination that another nonconforming
use on the same property has been discontinued or abandoned.
H.
Nonconforming accessory uses and structures. No use, structure or
sign that is accessory to a principal nonconforming use or structure
shall continue after such principal use or structure shall have ceased
or terminated, unless it shall thereafter conform to all the regulations
of the zoning district in which it is located.
I.
Outdoor activities and operations. All business operations and all
manufacturing or processing activities other than those conducted
by a use that is nonconforming on the effective date of this chapter
or which is rendered nonconforming by any amendment to this chapter
shall be conducted within a completely enclosed building.
A.
Continuance. Any nonconforming structure which is devoted to a use
which is permitted in the zoning district in which it is located may
be continued so long as it remains otherwise lawful, subject to the
restrictions in this section.
B.
Enlargement, repair or alterations. Any nonconforming structure may
be enlarged, maintained, repaired or altered, provided that no additional
nonconformity is created and the degree of the existing nonconformity
is not increased.
C.
Damage or destruction.
(1)
In the event that any part of a nonconforming structure which
contributed to its nonconformity is damaged or destroyed, by any means,
to the extent of more than 75% of the cost of replacement of said
part new, such part shall not be restored unless it shall thereafter
conform to the regulations of the zoning district in which it is located.
(2)
When such a part of a nonconforming structure is damaged or
destroyed, by any means, to the extent of 75% or less of the cost
of replacement of such part new, no repairs or restoration except
in conformity with the applicable zoning district regulations shall
be made unless a zoning certificate is obtained and restoration is
actually begun within one year after the date of such partial destruction
and is diligently pursued to completion.
D.
Moving. No nonconforming structure shall be moved in whole or in
part, for any distance whatsoever, to any other location on the same
or any other lot unless the entire structure shall thereafter conform
to the regulations of the zoning district in which it is located after
being moved.
A.
Any lot that existed before adoption of this chapter but that does
not meet the lot area or lot width requirements of this chapter may
still be developed by any use which is permitted within the district.
B.
If necessary, setback requirements may be reduced proportionally
to the amount of nonconformance.
A.
Continuance. Subject to the limitations and termination provisions
hereinafter set forth, any lawfully existing nonconforming sign may
be continued so long as it otherwise remains lawful after the effective
date of this chapter.
B.
Alteration; expansion; moving. No nonconforming sign shall be:
C.
Termination of nonconforming signs.
(1)
Termination by abandonment. Any nonconforming sign, the use
of which is discontinued for a period of 90 days, regardless of any
intent to resume or to not abandon such use, shall be deemed to be
abandoned and shall not thereafter be reestablished. Any period of
such discontinuance caused by government actions, strikes, material
shortages or forces of nature, and without any contributing fault
by the nonconforming user, shall not be considered in calculating
the length of discontinuance for purposes of this subsection.
(2)
Termination by change of business. Any nonconforming sign advertising
or relating to a business on the premises on which it is located shall
be terminated upon any change in the ownership or control of such
business.
(3)
Termination by damage or destruction. Any nonconforming sign
damaged or destroyed, by any means, to the extent of 35% of its replacement
cost new shall not be restored but shall be terminated.
