A.   May Be Continued: Except as provided in this chapter, the lawful use and location of any building or land existing prior to the effective date hereof may be continued even though the use or location does not conform to the requirements of this title.

(1982 Code § 9.04.040)

   B.   Maintenance, Repair Permitted: Normal maintenance, repairs and partial or fully replacement or reconstruction of a building or other structure containing a nonconforming use is permitted.

(Ord. 129, 2-27-1984)

   C.   Parking: A building or structure lacking sufficient automobile parking space in connection therewith, as required by this title, may be altered or enlarged, provided additional automobile parking space is supplied to meet the requirements of this title for such alteration or enlargement.

   D.   Nonconforming Use Vacancy: A building or structure or portion thereof occupied by a nonconforming use, which is, or hereafter becomes, vacant and remains unoccupied for a continuous period of six (6) months, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which is it located.

   E.   Occupancy Time Limit: A vacant building or structure may be occupied by a use for which the building or structure was designed or intended if so occupied within a period of six (6) months after the use became nonconforming.

(1982 Code § 9.04.040)

   F.   Change Requires To Conforming Use: The nonconforming use of a building or structure or land may not be changed except to a conforming use; but where such change is made, the use shall not thereafter be changed back to a nonconforming use. In the event that any nonconforming use of land is abandoned for a period of six (6) months or more, any future use of such land shall be in accordance with applicable district regulations.

   G.   Expansion, Extension: A nonconforming use of land or a nonconforming building or structure may be expanded or extended in accordance with the provisions hereof. An application to expand or extend a nonconforming use shall be submitted in accordance with the provisions of this chapter pertaining to expansion of nonconforming uses.

(Ord. 129, 2-27-1984)

   H.   Mobile Homes: A nonconforming mobile home owner may remove and replace his mobile home, provided replacement occurs within a period of three (3) months of the date on which the mobile home was removed.

   I.   Temporary Mobile Homes During Construction: A nonconforming mobile home may be used as a temporary dwelling during the construction of a permanent residence for a time period not to exceed eighteen (18) months.

(1982 Code § 9.04.040)

In order to provide the flexibility necessary to achieve the objectives of this title and to ensure that owners of nonconforming uses and properties are not deprived of the ability to reasonably expand nonconforming uses in a manner which does not cause unreasonable nuisance to neighboring landowners and residents, the limited expansion of such uses shall be permitted subject to the granting of a permit as set forth in this section.

   A.   Application: Any person desiring to expand a nonconforming use shall make application therefor to the Planning and Zoning Commission, and the application shall contain at least the following information:

      1.   The name and address of the owner and/or applicant;

      2.   A description of the property;

      3.   A description of the existing nonconforming use and the proposed expansion of such use.

   B.   Commission Hearing: Upon receipt of an application for expansion of a nonconforming use the Planning and Zoning Commission shall set a date for a hearing on the application. Notice of such hearing shall be given to all adjacent property owners by the applicant and proof thereof shall be submitted by the applicant prior to the hearing date.

   C.   Impacts To Consider: Before acting upon an application for the expansion of a nonconforming use, the Planning and Zoning Commission shall consider the following impacts of the proposed expansion:

      1.   The impact of the expanded nonconforming use upon neighboring properties and uses, including traffic, noise, dust, odors and similar impacts;

      2.   The effect of the expanded nonconforming use on public safety, traffic flow and control, snow removal and street maintenance;

      3.   Such other impacts as the Planning and Zoning Commission deems applicable to the proposed expansion.

   D.   Required Findings: Before granting a permit for the expansion of a nonconforming use, the Commission shall make the following findings:

      1.   That the proposed expansion will not cause unacceptable impacts upon neighboring property owners and residents;

      2.   That the proposed expansion and the conditions under which the nonconforming use will be operated will not be detrimental to the public health, safety or welfare, or materially injurious to property or improvements in the vicinity.

   E.   Action By Commission: Within thirty (30) days after the hearing on the application, the commission shall act upon the application. The Commission may approve the application as submitted, approve the application subject to such modifications or conditions as the Commission deems necessary to accomplish the purposes of this section, or the Commission may deny the application. Conditions imposed by the Commission for approval may include, but shall not be limited to, special setbacks, screening and limitations upon hours of operation.

   F.   Submittal To Council; Decision Of Council: Within seven (7) days after the Commission’s decision, the Commission shall transmit its decision to the applicant and the Town Council. At its next regularly scheduled meeting following receipt of the decision, the Town Council shall review the action of the Commission, and shall affirm, modify or reverse the decision of the Commission. If the Town Council determines that additional information is necessary in order to act upon the decision of the Commission, the Town Council may require further information and may, at its option, hold an additional hearing upon the application. The Town Council shall consider the same impacts and make the same findings required for action by the Commission under this section.

(Ord. 129, 2-27-1994)