(A)   If, within the districts established by this chapter, or by amendments that may later be adopted, there exist lots, structures, and use of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited under the terms of this chapter, it is the intent of this chapter to permit these pre-existing nonconformances to be grandfathered and continue until they are either removed, destroyed or brought into compliance (except signs, which are provided for in this chapter and residential uses as permitted by § 153.053). These uses are declared by this chapter to be incompatible with permitted uses in the districts in which they are located. It is the intent of this section to encourage conformance without prohibiting the reconstruction of a nonconforming residential structure within the structure’s original footprint destroyed by fire, explosion, tornado, earthquake, hurricane or similar uncontrollable cause.

   (B)   It is further the intent of this chapter that nonconformances shall not be enlarged upon, expanded or extended, or used as grounds for adding other structures, or uses prohibited elsewhere in the same district.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10; Am. Ord. 2013-08-O, passed 5-9-13)

   (A)   In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by the other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot which was recorded prior to the date it became legally non-conforming. Such lot must be in separate ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of lot, shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained only through action of the Board of Adjustment.

   (B)   If two or more lots or combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet at least 80% of the requirements for lot width and area, for the zone in which they are located, as established by this chapter, the land involved shall be considered to be an undivided parcel, for the purpose of this chapter, and no portion of the parcel shall be used or sold which does not meet width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   The lawful use of building or premises existing at the time of the adoption of this chapter may be continued although such use does not conform with the provisions of this chapter, and such a building may be reconstructed or structurally altered and non-conforming uses therein changed subject to the following regulations:

   (A)   The order of classification of uses from highest to lowest districts for the purpose of this section shall be Residential 20, Residential 12, and Residential 8.

   (B)   A non-conforming use may not be enlarged or extended, but extension of a use to any portion of a building, which portion is at the time of the adoption of this chapter primarily arranged or designed for such non-conforming use, shall not be deemed to be an extension of a non-conforming use.

   (C)   The structural alterations made in a non-conforming building shall not, during its life, exceed 50% of its assessed value, nor shall the building be enlarged unless the use therein is changed to a conforming use, provided, however, that non-conforming building damaged by fire, explosion, tornado, earthquake, hurricane or similar uncontrollable cause, to an extent of not more than 60% of its assessed value, may be repaired or rebuilt within one year of the date of such damage, but not thereafter.

   (D)   If a non-conforming use is discontinued, any further use of the building and premises shall be in conformity with the provisions of this chapter. A reasonable interim, not to exceed 180 days, between tenants or occupants shall not be construed to mean discontinuance.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (A)   No such structure may be enlarged or altered in a way which increases its non-conformity.

   (B)   Should such a structure be moved for any reason for any distance whatever, it shall hereafter conform to the regulations for the district in which it is located after it is moved.

   (C)   Should such a nonconforming structure used for residential purposes be destroyed or damaged by fire, explosion, tornado, earthquake, hurricane or similar uncontrollable cause, it must be permitted to be repaired or rebuilt within one year of the date of the damage, but not thereafter.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10; Am. Ord. 2013-08-O, passed 5-9-13) Penalty, see § 10.99

   (A)   Repairs to nonconforming structures are limited to not more than 60% of its assessed value, and may be repaired or rebuilt within one year of the date of such damage, but not thereafter.

   (B)   Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any town official charged with protecting the public safety upon order of such official.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   All signs that do not comply with the requirements of this chapter shall be replaced with new conforming signs and/or shall be removed.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   Any non-conformance created by a change in district boundaries or ordinance regulations after the date of passage of this chapter shall also be governed by the provisions of this section.

(Ord. passed 6-8-78; Am. Res. passed 4-8-10) Penalty, see § 10.99

   (A)   Permits for fences shall be secured from the Building Inspector prior to construction. Fences shall be allowed in all zoning districts except conservation. In conservation areas the fence must have an environmental purpose such as sand dune protection.

   (B)   Fences may be constructed in the rear yard. Rear yard shall be determined by locating the backmost corner of the primary structure and at and along a 90° angle to the side property lines. The fence may extend from this point with and along the perimeter of the side and rear lot lines. A fence surrounding the rear yard may be six feet in height but must be constructed in a fashion to satisfy the 110 m.p.h. wind velocity criteria.

   (C)   A fence may be installed on the perimeter of the front yard at a height of no more than 42 inches.

   (D)   A fence may not impede vision on a corner lot over a height of three feet above the centerline grades of the intersecting streets within the triangular area bounded on two sides by the two street centerlines and on the third side by a straight line connecting points on the street centerlines located one- half the street right-of-way width plus 40 feet measured from the intersection of the centerlines.

   (E)   Individuals seeking a permit shall ensure that all fences shall be within the property lines.

(Ord. passed 10-13-94; Am. Res. passed 4-8-10)