(A)

A use lawfully in existence at the effective date of this chapter, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto may be continued except as otherwise provided in this section. A use is, for the purposes of this chapter, a nonconforming use if the use or any physical characteristics of the use is not in full compliance with all regulations of the zoning District in which it is situated.

(B)

The intent of this section is that by the provisions of this chapter (or by amendments that may later be adopted), there may exist uses and characteristics of use, which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments thereto. It is the intent of this chapter to permit these nonconforming uses to continue until they are voluntarily removed, removed by abandonment, or otherwise removed as required by this chapter, but not to encourage their survival.

(C)

It is further the intent of this chapter that nonconforming uses shall not be enlarged upon, expanded, intensified or extended, nor be used as grounds for adding other uses prohibited elsewhere in the same District.

('81 Code, § 8.10) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)

Cross reference— Penalty, see Section 151.681

(A)

No nonconforming use shall be enlarged, increased, increased, intensified, substituted or extended to occupy a greater area than it occupied at the effective date of adoption or amendment of this chapter. No such nonconforming use shall be relocated in whole or in part to any portion of a lot or parcel except the location occupied by such use at effective date of adoption or amendment this chapter.

(B)

Conversion of nonconforming uses.

(1)

Upon application to and approval by the Town Commission, any nonconforming use may be converted to a more restricted nonconforming use, provided that the Town Commission shall find after public notice and hearing that the proposed use is more appropriate to the District than the existing nonconforming use and that the proposed use will have no greater adverse effect on the surrounding occupants and properties than the existing nonconforming use does.

(2)

Any nonconforming use which is replaced by a permitted use shall thereafter conform to the regulations of the District in which such use is located, and the terminated nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted.

(C)

When the generic (residential or commercial) use of a nonconforming parcel of property or portion thereof is changed into another generic use, any and all nonconforming conditions of that parcel of property, or portion thereof, shall be discontinued.

(Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03) Penalty, see § 151.681

(A)

Any use which is permitted by the Town Commission as a special exception in a District under provisions of this chapter shall not be deemed a nonconforming use in such District.

(B)

In the event that a previously approved special exception use is rendered nonconforming by virtue of the fact that the special exception use has been removed by the Town Commission from the list of special exception uses set forth in the applicable zoning District, then the nonconforming use and/or structure shall be treated as a nonconforming use as contained in this chapter.

(Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)

(A)

Continuation.

(1)

A building and/or structure, lawfully in existence at the effective date of this chapter, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto may be continued except as otherwise provided in this section.

(2)

A building and/or structure is, for the purposes of this chapter, nonconforming if the building and/or structure or any physical characteristics thereof, are not in full compliance with all regulations of the zoning District in which it is situated. The intent of this section is that by the provisions of this chapter (or by amendments that may later be adopted), there may exist buildings and/or structures which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments thereto. It is the intent of this chapter to permit these nonconforming buildings and/or structures to exist until they are voluntarily removed, removed by abandonment, or otherwise removed as required by this chapter, but not to encourage their survival.

(B)

Extension or expansion; alteration and repairs. Nonconforming buildings and/or structures shall not be enlarged upon, expanded, increased or extended to occupy a greater area of land or over water, nor shall they be relocated in whole or in part to any portion of a lot or parcel, nor shall they be used as grounds for adding other buildings and/or structures prohibited elsewhere in the same District except for the expansion of existing single-family residence or accessory structure which does not increase the particular nonconformity. The "supplementary lot regulations" for all zoning Districts except C-3 allows this exception. Other regulations regarding nonconforming structures are set forth as follows:

(1)

Any nonconforming building and/or structure which has less than fifty (50) percent of its previous existing floor area made unsafe or unusable by lack of normal maintenance or by ordinary deterioration may be restored or reconstructed as before, provided that the floor area of such building and/or structure shall not exceed the floor area which existed prior to such damage. All repairs shall be completed within one year after damages occur or such building and/or structure shall not be rebuilt unless rebuilt as a conforming building and/or structure.

(2)

Alteration and repairs. Normal maintenance repair and incidental alterations of a non-conforming building and/or structure is permitted, provided it does not increase the area, volume or size. A building used for single-family or multi-family residential purposes may be altered in any way to improve interior liveability, provided, however, that no alterations shall be made which would increase the number of dwelling units.

(C)

Conversion. Any existing building and/or structure or any part thereof, in which a non-conformity of the building and/or structure or part thereof is altered, changed or replaced by a conforming building and/or structure or part thereof, shall thereafter conform to the regulations of the District in which such building and/or structure is located, and the terminated nonconformity shall not thereafter be resumed nor shall any additional non-conformity be permitted.

(D)

Termination; destruction or partial destruction. When fifty (50) percent or more of an existing nonconforming building and/or structure, according to its assessed value, is destroyed by fire or other casualty or acts of God or acts of the owner thereof, such building and/or structure shall not be rebuilt unless rebuilt as a conforming building and/or structure. Notwithstanding the above, non-structural roof repair necessitated by damage described hereinabove shall not be considered as part of the percentage of destruction, requiring conformance with all Codes.

('81 Code, § 8.20) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 171, passed 5-24-94; Am. Ord. 182, passed 11-17-98; Am. Ord. 212, passed 2-25-03; Am. Ord. 257, passed 2-28-06; Am. Ord. 303, passed 2-22-11; Am. Ord. 378, passed 7-23-21)

Cross reference— Penalty, see Section 151.681

Vacant land located in any zoning District which does not conform to the minimum requirements of lot dimension or lot area as required by the schedule of lot, yard and bulk regulations for the implementing of any permitted or special exception use of the zoning District in which the land is located shall be subject to an application to the Town Commission for special exception or variance before any use of the land is implemented, subject, however, to other provisions of this chapter.

('81 Code, § 8.30) (Ord. 97, passed 4-26-76; Am. Ord. 148, passed 5-26-87; Am. Ord. 212, passed 2-25-03)