A.
NONCONFORMING USE
Defined. As used in this section, the following terms
shall have the meanings indicated:
Any legal use which, on the effective date of the ordinance
codified in this chapter or as a result of subsequent amendments thereto,
does not conform to the permitted uses established in the district
for which the nonconforming use is located.
B.
Replacement of nonconforming structure. When a nonconforming
structure is removed from a parcel, it must be replaced with a conforming
structure.
C.
Continuance permitted. A nonconforming use may be
continued on the same land area and within the same floor area as
that which existed on the date when the use first became nonconforming.
D.
Parking, loading and sign nonconformance exempted.
A permitted use shall not be considered nonconforming for failure
to comply with off-street parking requirements, off-street loading
requirements or sign regulations.
E.
Change to permitted use. A nonconforming use may be
changed within its existing structure or on its existing land area
to a conforming use or to any use which is a permitted use in a more
restrictive district than the district in which the nonconforming
use is located.
F.
Enlargement or extension. The area occupied by a nonconforming
use within an existing structure or on a tract of land may not be
enlarged or extended.
G.
Maintenance of off-street parking and loading space. All off-street parking and loading space operated by or associated with a nonconforming use on the date it becomes nonconforming shall be maintained in accordance with all of the specifications of §§ 475-150, 475-151 and 475-153A of Article XVIII, Off-Street Parking and Loading. If, on the date the use becomes nonconforming, it has off-street parking area in excess of that required by these regulations for that permitted use, then the off-street parking area may be reduced to no less than the required amount. If, on the date the use becomes nonconforming, it has less than the required amount of off-street parking required by this chapter for that permitted use, no action shall be taken which will further reduce the area devoted to off-street parking.
H.
Discontinuance. If active and continuous operation
of a nonconforming use is discontinued for nine months, the structure
or tract of land shall thereafter be used only for a conforming use.
A stated intent to resume operations shall not affect this provision.
I.
Damage or destruction of structure; termination of
use. A nonconforming use shall terminate if the structure on which
it is operated is damaged or destroyed in any manner whatsoever and
the estimated cost of repairing the damage exceeds 60% of the replacement
cost of the structure on the date of the damage.
J.
Damage or destruction of structure; dispute of extent.
In the event the value or cost assigned by the Town is not agreed
to by the owner of the structure, the value shall be set by three
independent appraisers, one selected by the Town Council, another
by the owner of the structure and the third by the two appraisers
already selected. The decision of a majority of the appraisers shall
be binding upon all parties. The cost of the appraisal process shall
be borne by the property owner.
A.
NONCONFORMING STRUCTURE
Defined. As used in this section, the following terms
shall have the meanings indicated:
Any structure which, on the effective date of the ordinance
codified in this chapter or as the result of subsequent amendments
thereto, does not comply with the provisions of this chapter for the
district in which the nonconforming structure is located.
B.
Alteration, repair, enlargement. A nonconforming structure
may be altered, repaired or enlarged, provided its degree of nonconformity
is not increased.
C.
Unsafe; restoration. A nonconforming structure found to be unsafe may be restored to a safe condition only if the cost of making the structure safe is less than 40% of the replacement cost of the structure on the date of the determination that the structure is unsafe. The Town official or designated representative shall have the authority to determine if a structure is unsafe. The replacement cost shall be determined as described in § 475-235J.
[Amended 8-23-2010 by Ord. No. 461]
D.
Damage or destruction. The right to operate and maintain a nonconforming structure shall terminate if the structure is damaged or destroyed in any manner and the cost of repairing the damage exceeds 60% of the replacement cost of the structure on the date of the damage. The replacement cost shall be determined as described in § 475-235J.
