The lawful nonconforming use of a structure, land, or water
existing at the time of the adoption or amendment of this chapter
may be continued although the use does not conform with the provisions
of this chapter; however:
A.
Only that portion of the land or water in actual use may be so continued
and the structure may not be extended, enlarged, reconstructed, substituted,
moved or structurally altered except when required to do so by law
or order or so as to comply with the provisions of this chapter.
B.
Total lifetime structural repairs or alterations shall not exceed
50% of the current fair market value of the structure unless it is
permanently changed to conform to the use provisions of this chapter.
C.
Substitution of new equipment may be permitted by the Town Board
if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring uses.
D.
Licenses. This chapter is not intended to negate licenses (or their
respective uses) which are issued by governmental agencies and are
current as of the effective date of this chapter.
If such nonconforming use is discontinued or terminated for
a period of 12 months, any future use of the structure, land, or water
shall conform to the provisions of this chapter. When a nonconforming
use or structure is damaged by fire, explosion, flood, the public
enemy, or other calamity, to the extent of more than 50% of its fair
market value, it shall not be restored except so as to comply with
the use provision of this chapter.
The lawful nonconforming structure existing at the time of the
adoption or amendment of this chapter may be continued although its
size or location does not conform with the lot width, lot area, yard,
height, parking and loading, and access provisions of this chapter;
however, it may be extended, enlarged, reconstructed, moved, or structurally
altered, provided it does not further infringe on setback requirements
of this chapter except to comply with the provisions of this chapter.
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Town Board has permitted the substitution of a more restrictive
nonconforming use for an existing nonconforming use, the substitution
use shall lose its status as a legal nonconforming use and become
subject to all the conditions required by the Town Board.
[Amended 12-14-2015 by Ord. No. 2015-5]
In any residential district or in Agricultural District A-2
or A-3, a single-family detached dwelling and its accessory structures
may be erected on any legal lot or parcel of record in the County
Register of Deeds' office before the effective date of this chapter.
In Agricultural District A-1, a farm residence that is a single-family
dwelling may be erected on any legal lot or parcel of record.
Business uses in buildings existing on the effective date of
this chapter which are not in a business zoning district may be continued,
reconstructed or structurally enlarged, provided that:
A.
The Town
Board grants a special exception for the same use;
B.
The same
foundation area is used or the maximum lot coverage ratio of all building
to lot size does not exceed five (lot) to one (building); and
C.
One ten-foot-by-twenty-foot
off-street parking area is provided for each 200 square feet of business
area.
