The purpose of this article is to establish that nonconforming situations are incompatible with the regulations established by this ordinance, but to provide for the regulation of the continuance and discontinuance of those uses of land, structures, lots of record and site features that were lawfully established prior to the adoption of this ordinance, or any subsequent amendment or prior to any extension of the town's jurisdiction, which do not conform to the provisions and requirements of the ordinance.

Nonconforming situations are allowed to continue only in accordance with the requirements of this article.

In all cases, the burden of establishing that nonconforming situation lawfully exists shall be the responsibility of the owner of the land on which the nonconforming situation is located.

Routine repairs and maintenance activities may be performed to allow for the continued use of nonconforming structures, lots and site features.

The following provisions shall apply to all nonconforming uses within the jurisdiction of this ordinance.

The following provisions shall apply to all nonconforming structures within the jurisdiction of this ordinance.

No use or structure shall be established on a nonconforming lot of record except in accordance with the standards in this section.

Nonconforming site features, including, but not limited to, signs, parking areas, landscaping, and fences may only be altered, repaired or maintained in accordance with the standards of this section.

Nonconforming architectural features on structures that are subject to the architectural design guidelines established by the downtown design overlay or the exterior building material standards in article 8 may only be altered or replaced with a feature (including exterior cladding materials and material colors) that conforms with the applicable design guidelines for the type of structure. The alteration of a nonconforming architectural feature on a structure shall not require the alteration of other nonconforming architectural features on the structure to bring it into conformity with the applicable design guidelines.

A nonconforming use may only be replaced with a use that conforms to the use requirements of the zoning district in which it is located at the time of the change of use.

A nonconforming use may not be reestablished once it has been discontinued for a period of 90 days. Following discontinuance, the nonconforming use may only be replaced with a conforming use.

Nonconforming uses shall not be expanded or enlarged in size, density or intensity whether inside of a structure or on open land.

A nonconforming structure shall not be altered in any way that increases the degree of nonconformity. Alteration of the structure in a way that complies with applicable dimensional standards or that decreases the degree of nonconformity is permitted.

The following provisions shall apply to the reconstruction of a nonconforming structure following casualty damage:

(A)

In the event a nonconforming structure is destroyed, or is damaged to an extent that the cost of its repair exceeds 60 percent of its assessed tax value, as determined by the most recent assessment by the Cleveland County Tax Assessor, the structure may only be repaired or reconstructed in a manner that conforms with the requirements of this ordinance.

(B)

In the event a nonconforming structure is damaged to an extent that the cost of its repair is less than 60 percent of its assessed tax value, as determined by the most recent assessment by the Cleveland County Tax Assessor, the structure may be repaired to the form that existed prior to the occurrence of the casualty damage.

(C)

In no event shall the repair or reconstruction of a damaged or destroyed nonconforming structure increase the degree of nonconformity.

Structures legally established on nonconforming lots of record prior to the effective date of this ordinance may be continued, enlarged, extended, reconstructed or structurally altered in any way that is in conformance with the standards of this ordinance.

The following provisions apply to the development of nonconforming lots of record:

(A)

In any zoning district that allows single-family dwellings as a permitted use, the improvement of a nonconforming lot with a single-family detached dwelling shall be allowed provided that such dwelling and other allowed accessory structures and site features meet all other applicable standards of this ordinance. No other use than a single-family dwelling may be established on such nonconforming lot.

(B)

Nonconforming lots within districts that do not allow single family dwellings as a permitted use may be improved only upon the issuance of a special use permit per the procedures established in section 2.6.

A nonconforming lot of record may be increased in area, width and/or depth through the applicable subdivision procedure to make the lot less nonconforming. In situations where adjacent nonconforming lot(s) and a conforming lot(s) are under common ownership, and a change to a nonconforming lot is proposed, the nonconforming lot shall be expanded into a conforming lot if the existing conforming lot has sufficient dimensions to transfer lot area and still remain in conformance itself.

A nonconforming site feature may not be altered or replaced except to bring the site feature into conformity, or greater conformity, with this ordinance. Once a nonconforming site feature is removed, the feature may only be replaced with a feature which is in conformance with this ordinance.

Nonconforming site features may be maintained and repaired to ensure that they remain safe and in good condition.

The following provisions shall apply to the reconstruction of a nonconforming site feature following casualty damage:

(A)

In the event that a nonconforming site feature is destroyed, or damaged to an extent that exceeds 60 percent of its replacement value, then the site feature shall only be restored, repaired or reconstructed in accordance with the standards this Ordinance.

(B)

In the event a nonconforming site feature is damaged to an extent less than 60 percent of its replacement value, the site feature may be repaired to its original state prior to damage.

In the interest of bringing nonconforming site features into conformance with the standards of this ordinance, the following shall apply:

(A)

Whenever the principal structure on a site containing nonconforming site features is removed or demolished, all nonconforming site features shall be removed and/or brought into compliance with the standards of this ordinance.

(B)

Whenever a change of use requires the addition of parking spaces, or a property owner elects to expand an existing parking area to add more spaces, the entire parking area and associated access driveways shall be brought into conformance with the provisions of the UDO, including any required interior or perimeter landscaping and screening.

(C)

Whenever a principal structure on a site containing a nonconforming freestanding sign is removed or demolished, any such nonconforming freestanding signage shall be removed from the site within 30 days following the removal or demolition of the principal structure. All subsequently erected signs shall conform to the standards of this ordinance.