It is recognized that, over time, lawful nonconformities may develop as a result of amendments to the zoning map or unified development ordinance which change the application of Town of Jamestown development regulations to particular properties. It is important that such properties, while nonconforming, be adequately maintained and permitted to continue, but not expanded or enlarged in any fashion that increases the extent of nonconformity. Where possible, such nonconformities should be made, wholly or incrementally, conforming.

The provisions of this section apply only to lawful nonconformities, except as noted below. Nonconformities other than lawful nonconformities shall be considered violations of the unified development ordinance. This article shall not apply, however, to any feature which is the subject of a variance from particular regulations that has been granted by an authorized reviewing board or commission or to applications of flexible development standards to such features. Where a variance or flexible development standards determination has been granted for a feature which does not otherwise conform to the requirements of this Code, that feature shall be deemed conforming. Nonconformities associated with signs are addressed in Article 17.

22.3-1.

Lawfully Established Nonconforming Lots. Lawfully established nonconforming lots having one or more dimensional nonconformities may be used for any permitted or special use allowed in the zoning district in which the lot is located provided that any structure or expansion/addition to an existing structure proposed for the use meets all applicable dimensional and numerical requirements and all applicable procedures are followed. Such lots may be recombined with adjoining lots to increase the extent of their conformity provided new nonconformities are not created.

22.3-2.

Structures. Structures having one or more dimensional nonconformities may be used for any permitted or special use allowed in the zoning district in which structure is located, and, upon any change in use, shall comply with the landscaping, buffering, and parking requirements of Articles 11 and 12. Structures may be expanded or enlarged, provided the extent of the applicable nonconformity is not increased or new nonconformities are not created by expansion or enlargement.

Expansions, enlargements or reconstruction of such structures to an extent equal to or greater than 50 percent of appraised value, shall require such structures to meet all applicable dimensional and numerical requirements, except density, which may be retained at the prior nonconforming level but not increased. For the purpose of this section, the value of any expansions, enlargements, or reconstruction of such structures over a three-year period shall be cumulated in calculating the 50 percent threshold.

A structure undergoing renovation (defined in Article 3) having a renovation cost equal to or greater than 50 percent of the structure's appraised value shall not be subject to the above provisions but shall be required to meet the landscaping, buffering, and parking provisions of Articles 11 and 12.

22.4-1.

Discontinuation of Nonconforming Uses. A nonconforming use is allowed to continue unless the use is discontinued for a period of 180 or more consecutive days, and there are no substantial good faith efforts to re-establish the use during this period. Obtaining permits to maintain the existing use or significant continuous efforts to market the property for sale or lease for the existing use (e.g., MLS listing, realtor contract, etc.) shall be regarded as substantial good faith efforts. A nonconforming use shall be deemed discontinued after a period of 365 consecutive days regardless of any substantial good faith efforts to re-establish the use.

Thereafter, the structure or property associated with the use may be used only for conforming use. special uses discontinued for a period of 365 or more consecutive days shall be regarded as nonconforming uses and shall not be re-established without new special use permit approval.

The Town is required to bring enforcement action within ten years of discontinuation of any nonconforming use, or the use in question may continue without interference from the Town. Additionally, the Town may prevent any nonconforming use from restarting a terminated use for ten years from the time of expiration of the use.

22.4-2.

Replacement of One Nonconforming Use with Another Nonconforming Use. A nonconforming use may be allowed to be replaced by another nonconforming use of equal or lesser impact upon a finding by the planning board that the proposed use is more nearly compatible with the surrounding properties than the nonconforming use which it replaces, as measured by traffic or noise generation, site activity, hours of operation, and other factors that the planning board finds relevant to compare or differentiate between the existing use(s) and the proposed replacement use(s). The planning board may establish reasonable conditions to ensure that use compatibility is maintained as approved. Application for replacement of a nonconforming use with another nonconforming use may be made to the planning board and the planning department may request plans or other information to determine impacts as necessary. Applicants may be required to pay plan review fees or other published fees as necessary.

22.4-3.

Nonconforming Outdoor Storage. Outdoor storage uses not in compliance with the screening requirements of Article 24 (the Town of Jamestown Nuisance Abatement and Property Maintenance Code) shall be brought into compliance with such requirements within 180 days of the effective date of this ordinance or the date of actual receipt of a notice of violation, whichever is later.

Dimensional or use nonconformities associated with manufactured homes shall be addressed in the following manner.

22.5-1.

Replacement of One Manufactured Home with Another Manufactured Home in a Lawfully Established Manufactured Housing or Area Covered by a Manufactured Housing Zoning Overlay. Such replacement shall be permitted without regard to dimensional nonconformity provided that the replacement manufactured home is no older and no smaller than the existing manufactured home, the replacement home is placed in the same location as the original home, and such replacement occurs within 180 days of the removal of the original manufactured home. In all other situations, replacement shall be prohibited.

22.5-2.

Replacement of One Manufactured Home with Another Manufactured Home in Areas Other Than a Lawfully Established Manufactured Housing Park or Area Covered by a Manufactured Housing Zoning Overlay. Such replacement shall be permitted provided that new dimensional nonconformities are not created, the replacement manufactured home is no older and no smaller than the existing manufactured home, the replacement home is placed in the same location as the original home, and such replacement occurs within 180 days of the last day of occupancy of the original manufactured home. In all other situations, replacement shall be prohibited.

In the interest of the public safety and health, structural alterations or remodeling of nonconforming structures or conforming structures on nonconforming lots that are required by any public law, and so ordered by a public officer in authority, shall be permitted. Routine maintenance shall also be permitted for nonconforming situations so long as no expansion of the nonconformity occurs as a result of the maintenance.