[Amended 1-23-2019 by Ord. No. 2018-06
Except as otherwise provided herein, the lawful
use of land or buildings existing at the effective date of this chapter
may be continued for the same use although such use does not conform
to the provisions hereof.
Mobile homes in lawful use as a single-family
dwelling at the effective date of this chapter shall be subject to
the following:
A. A mobile home granted a special use permit prior to
the enactment of this chapter, subject to limitations of time, occupancy
or location, shall remain subject to such limitations.
B. The alterations, extension or replacement of a nonconforming
mobile home shall require approval of the Board of Adjustment after
public hearing.
C. When a nonconforming mobile home, existing either
on a nonconforming lot or with nonconforming yards, is replaced, it
shall meet the following requirements:
(1) Be located on the lot in such a way so that to the
greatest extent possible, it conforms to all appropriate yard requirements.
(2) It shall be designated exclusively for single-family
occupancy if used as a dwelling.
(3) The space between the unit and grade level shall be
fully enclosed with skirting approved by the Town Manager.
(4) It shall have a gross floor area, excluding any additions
not a part of the original manufactured unit, no less than 450 square
feet.
(5) It shall comply in all other respects with the requirements
for dwellings in the district in which it is located.
In a residential or commercial district where
any sign does not comply with the provisions of this chapter, such
sign and any supporting structures other than a building shall be
removed no later than 10 years from the date of passage of this chapter.
A nonconforming sign painted on the wall of a building or similar
flat surface may be removed by painting so as to completely obliterate
the sign. Supporting structures for nonconforming signs may continue
in use for a conforming sign if they comply in all respects to the
applicable requirements of these regulations and other codes and ordinances.
Nonconforming signs may continue in use during said ten-year period
unless subject to removal under other provisions of these regulations,
but no permits for additional signs shall be issued for any premises
on which there are any nonconforming signs.
[Amended 1-23-2019 by Ord. No. 2018-06]
No building, land or portion thereof used in
whole or in part for a nonconforming use in any district which is
discontinued or remains idle or unused for a continuous period of
60 days, whether or not the equipment or fixtures are removed, shall
again be used except in conformity with the regulation of the district
in which such building or land is located. If a property operating
as a nonconforming use is in compliance with this section, converts
or reverts to actual use as a conforming use in the district for a
period of greater than 60 days, the prior nonconforming use shall
be extinguished.
If a building is damaged by any natural causes,
such as fire, wind or flood, it may be repaired or reconstructed and
used as before the time of damage, provided that such repairs or reconstruction
be substantially completed within 12 months of the date of such damage.
The casual, intermittent, temporary or illegal
use of land or buildings shall not be sufficient to establish the
existence of a nonconforming use, and the existence of a nonconforming
use on a part of a lot or tract shall not be construed to establish
a nonconforming use on the entire lot or tract.
Whether a nonconforming use exists shall be
a question of fact and shall be decided by the Board of Adjustment
after public notice and hearing and in accordance with the rules of
the Board.
A building nonconforming only as to height,
area or bulk requirements may be altered or extended, provided such
alteration or extension does not increase the degree of nonconformity
in any respect.
A dwelling nonconforming as to use in an industrial
district shall be considered as a conforming use in application of
the height, area and bulk requirements of this chapter.
A nonconforming use in violation of a provision
of the ordinance which this chapter amends or replaces shall not be
validated by adoption of this chapter unless such use complies with
the terms of this chapter.