The purpose of this regulation is to control, improve or terminate uses of land that do not conform to one or more of the applicable provisions of this Ordinance. These regulations shall apply to all nonconformities including use nonconformities and area nonconformities as defined in § 155.17.01 (General Description).

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

A nonconformity that is lawfully in existence at the time of the enactment of this Ordinance or any subsequent amendment thereto which may create such nonconformity may be continued and maintained except as otherwise specified herein. No expansion, extension, substitution, enlargement or other change in a nonconforming activity is allowed except as expressly required by law or permitted herein.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

In all zoning districts or portions thereof which extend into the Drainage and Floodplain Special Overlay District as established by this Ordinance, any building or other structure or use which is not permitted in the floodplain or floodway shall become nonconforming upon the effective date of this Ordinance or subsequent amendment as applicable.

A building or other structure that is nonconforming by reason of location within the floodplain or floodway shall not be enlarged or structurally improved in such a manner that would increase the hazard of flooding or extend the normal life of the nonconforming building or other structure. Such nonconforming building or other structure, if used for human habitation, shall not be extended to accommodate additional occupants.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

This division shall regulate uses that are not permitted by zoning district or street classification or do not meet the other requirements of this Ordinance (e.g., setbacks, buffers, parking requirements, etc.). If the use is not permitted by zoning district or street classification, the nonconformity is called a "use nonconformity." If the use is allowed under the zoning district and street classification but does not meet the other requirements of this Ordinance (e.g., setbacks, buffers, parking requirements, etc.), the nonconformity is called an "area nonconformity."

For the purposes of this Ordinance, a change in ownership does not constitute a change in use.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Whenever a use nonconformity is discontinued for twelve (12) consecutive months, the activity shall not be allowed to resume. Any future activity must be a conforming use.

Whenever an activity that is not a use nonconformity but that is an area nonconformity is discontinued for any length of time as a result of something other than damage or destruction of structures, the activity or an activity with the same or lesser intensity shall be allowed to resume, whether or not the area nonconformity is addressed such that it conforms with the requirements of the Zoning Ordinance in place at the time.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

If a structure accommodating a nonconformity, whether a use or area nonconformity, is damaged or destroyed to the extent that the cost of reconstruction, repair or replacement exceeds fifty percent (50%) of the total replacement value of the structure immediately prior to the damage, the structure shall not be restored to its original state of nonconformity notwithstanding the exception listed in part B below.

(A)

If the nonconformity is a use nonconformity, any future activity must be a conforming use.

(B)

If the nonconformity is an area nonconformity, the activity shall be allowed to resume only if the area nonconformity is addressed such that it conforms with the requirements of the Zoning Ordinance in place at the time unless the area nonconformity existed on June 1, 2009, in which case the activity shall be allowed to resume.

If such rebuilding would constitute less than fifty percent (50%) of the replacement value of the structure immediately prior to its damage, follow the requirements of § 155.17.04.

The total replacement value of the structure prior to damage or destruction shall be determined by the Administrative Official utilizing public tax records as the basis for such determination.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

This section deals with damage and destruction where the cost of repair, reconstruction, or replacement is less than fifty percent (50%) of the total replacement value of the structure immediately prior to the damage.

(A)

Use nonconformities. Structures housing a use nonconformity may be repaired and altered subject to the following provisions:

(1)

Preliminary plan approval for the restoration must be obtained within one year after damage or destruction. If it is not, then the structure shall be considered abandoned and shall be subject to the provisions of § 155.18.02.

(2)

Restoration, if it is external, must meet the Town's architectural and appearance standards if the parcel in question is subject to those standards.

(B)

Area nonconformities. Any structure housing an area nonconformity but not a use nonconformity may be repaired and altered subject to the following provisions:

(1)

The repair or alteration cannot increase the degree of nonconformity.

(2)

Restoration, if it is external, must meet the Town's architectural and appearance standards if the parcel in question is subject to those standards.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

(A)

Use nonconformities. Use nonconformities shall not be expanded.

(B)

Area nonconformities. Area nonconformities may be expanded only in compliance with the provisions of this Ordinance, provided the existing nonconformity is not increased.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

(A)

Definition of substitution. A substitution is the replacement of an existing nonconformity with another nonconformity. A substitution may also be a change in an existing nonconformity. It does not include a change of ownership, tenancy or management where the previous activity is substantially unchanged.

(B)

Types of permitted substitutions.

(1)

Use nonconformities. Only a conforming use may be substituted for a use nonconformity.

(2)

Area nonconformities.

(a)

In an Unprotected District, an area nonconformity may substitute another permitted use provided the substitution does not result in an increase of the area nonconformity.

(b)

In a Protected District, the substitution of one area nonconformity for another is not permitted.

(C)

Procedure. The request for a substitution shall be by an application for a zoning permit.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

A use nonconformity may be converted to any conforming use provided all the provisions of this Ordinance relating to the creation of such use are met. Once a conversion has occurred, the original nonconformity shall not be resumed.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)

Structures that both were inspected using the Residential Code and were being used residentially on June 1, 2009, shall not be considered nonconformity by virtue of their not meeting the requirements of this Ordinance.

(Ord. 2022-3, § 1(Att.), passed 3-7-22)