Certain uses of land or buildings, sizes of lots or location or size of structures or signs may be found to be in existence at the time of the passage of the ordinance codified in this Chapter which do not meet the requirements of the Chapter. It is the intent of this Chapter to allow the continuance of such nonconformance but not to encourage its enlargement nor to allow its continuance should the use be discontinued for a period of one (1) year or should the use be destroyed by fire or any other cause. Such nonconformance is declared to be incompatible with other uses in the district.

(Prior code 70-95)

(a)

Some nonconforming lots of record at the time of the passage of this Chapter may be built upon or used after the passage of this Chapter, but only:

(1)

With a permitted use in the zone district, not requiring any special review approval; and

(2)

By approval of the Board of Adjustment.

(b)

No lot that is conforming in size at the time of the passage of this Chapter may be subdivided or reduced in size in such a way that it would become nonconforming or cause any building, space or use to become nonconforming.

(Prior code 70-96; Ord. 10 §8, 1991)

No building or use that is nonconforming as of the effective date of the ordinance codified in this Chapter shall be structurally altered or expanded in any way that would increase the degree or area of nonconformance. The following changes or alterations may be made to a nonconforming building:

(1)

Repair to a building or structure that is ordered by any public official to make it safe.

(2)

Maintenance repairs that are needed to keep the building in good condition.

(3)

Any structural alteration that would not increase the degree of nonconformance or would change the use to a conforming one.

(Prior code 70-97; Ord. 10 §9, 1991)

A nonconforming building or use which has been damaged or destroyed may not be restored if the estimated cost of reconstruction exceeds fifty percent (50%) of the appraised value of the building (as determined by the Building Official) Notwithstanding the foregoing, the Town Council may waive this prohibition against restoration for a nonconforming accessory dwelling unit ("ADU") if (1) the owner thereof commences reconstruction within one (1) year after the accessory dwelling unit has been damaged or destroyed, (2) such reconstructed ADU shall be limited to a maximum of the square footage of the ADU as it existed prior to being damaged or destroyed, (3) compliance with the building code adopted in Chapter 18 of this Code adopted in Chapter 18 requirements, (4) the ADU is in general conformance with the Town's master plan, and (5) the ADU is in general conformance with the zone district requirements.

(Prior code 70-98; Ord. 32 §4, 2000; Ord. 33 §B1, 2003; Ord. 13 §6, 2008)

If any nonconforming use of land, a building or a structure is abandoned for a period exceeding one (1) year, no nonconforming use may be reestablished upon such land or within such building or structure.

(Prior code 70-99)

Any building, use or structure that had been officially approved by the Town Council or for which a building permit has been issued prior to the passage of the ordinance codified in this Chapter may proceed to construct or use such building, structure or land, provided that the structural members of such building or structure are completed within one (1) year of the effective date of the ordinance codified in this Chapter.

(Prior code 70-100; Ord. 33 §B1, 2003)

No nonconforming use of a building or structure may be changed to another nonconforming use, except when the new nonconforming use is of a more restrictive nature, as may be determined and approved by the Planning and Zoning Commission.

(Prior code 70-101)