Each application for a zoning permit shall be accompanied by three copies of a scale drawing. The drawing shall show the size and shape of the parcel of land on which the proposed building is to be constructed, the nature of the proposed use of the building or land and the location of such building or use with respect to the property lines of such parcel of land and to the right-of-way of any street or highway adjoining such parcel of land. A copy of a recorded plat must be supplied; if no plat is existing, a tax map I.D. for the property must be supplied. Any other information which the zoning administrator may deem necessary for consideration of the application may be required. If the proposed building or use is in conformity with the provisions of this ordinance, a combination zoning and building permit shall be issued to the applicant by the building administrator. One copy of the drawing shall be returned to the applicant with the permit.

Structurally altered or newly erected buildings shall be used only after a certificate of occupancy has been issued by the building administrator. Such certificate shall state that the building or the proposed use complies with the provisions of this ordinance. If any buildingis hereafter changed from one use group to another, in whole or in part, or if any existing building was constructed prior to the USBC, the building official shall issue such certificate upon a written request from the property owner or agent providing there are no violations of the USBC (see USBC). A certificate of occupancy either for the whole or part of a building shall be applied for simultaneously with the application for a zoning permit. The certificate shall be issued after the erection or structural alteration of such building or part has conformed with the provisions of this ordinance.

If, in any district established under this ordinance, a use is not specifically permitted within such district as a matter of right or by special exception, and such proposed use is occurring on a recurring basis, the zoning administrator shall so advise the governing body of such, which governing body may then take such action, in accordance with law, to amend this ordinance to provide for such use as a permitted use or a special exception, as it may deem advisable.

Whenever there shall be plans in existence, approved by the governing body, for the widening of any street or highway, the planning commission may recommend additional front yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the right-of-way for such proposed street or highway widening.

The location of a mobile home park shall require, in addition to the zoning permit, a conditional use permit issued by the board of zoning appeals where not otherwise permitted by right.

The location of a camper/travel trailer park shall require, in addition to the zoning permit, a conditional use permit issued by the board of zoning appeals unless otherwise permitted by right.

6.5.1. Area requirements.

(1)

The developer of a mobile home rental park shall provide mobile home lots of not less than 5,000 square feet, with a minimum width of 50 feet at the setback line for each mobile home on the premises and shall adjoin an internal mobile home park street, road or right-of-way.

(2)

Mobile home parks in which lots are sold and served by central water and sewer systems shall have a minimum lot area of 5,000 square feet and shall be 50 feet or more in width at the setback line and shall adjoin an internal mobile home park street, road or right-of-way. All newly developed lots to accommodate doublewide structures shall contain 10,000 square feet and shall have a minimum width of 80 feet.

(3)

Mobile home parks in which lots are sold and served by either central water or sewer systems shall have a minimum lot area of 10,000 square feet and shall be 50 feet or more in width at the setback line.

(4)

Mobile home parks in which lots are sold and served by neither central water nor sewer systems shall have a minimum lot area of 15,000 square feet and shall be 100 feet or more in width at the setback line.

6.5.2. Setback requirements. Each mobile home, travel trailer and/or camper shall be set back ten feet from the front, rear and side lot lines. Additions to mobile homes, travel trailers and campers shall not exceed the square footage of the original mobile home, travel trailer or camper unit. The term "original mobile home, travel trailer or camper unit" shall not include pull outs, bumpers or hitches. Any addition to a travel trailer or camper shall not extend more than three feet above the roof line of the travel trailer or camper unit. No accessory structure shall be within five feet of a property line.

Setback requirements for lots established prior to January 4, 1994 shall provide a distance of 15 feet or more between individual units, but in no case closer than five feet to the individual lot line of the mobile home space in the following mobile home parks: Daisey's Mobile Home Park, Midway Mobile Home Park, Magnolia Manor Mobile Home Park, Quillen's Mobile Home Park, Shady Pines Mobile Home Park and Reeds Mobile Home Park.

Setback requirements for lots established prior to January 4, 1994 shall be set back a minimum of five feet from any individual lot line in the following mobile home parks: Beebe's Park, Bowden Mobile Home Park, Bunker Hill Mobile Home Park, Circle Drive Mobile Home Park, El Rancho Mobile Home Park, El Rosha Mobile Home Park, Green Acres Mobile Home Park, Holly Ridge Mobile Home Park, Inlet View, Island's Pride Mobile Home Park, Kingfisher Court, Lee Bloxom Mobile Home Park, Misty Meadows, Mitchell Howard's Mobile Home Park, Nathan Hill's Mobile Home Park, Nock's Mobile Home Park, Ocean Breeze, Sulky Acres, Tom's Cove Mobile Home Park, Vacation Park, Walter Meyer Mobile Home Park, Little Bay Trailer Park, and Willow Court Mobile Home Park.

6.5.3. Sanitary facilities. All mobile homes shall have toilet facilities which are connected to an approved sewage disposal system.

6.5.4. Electrical connections. Each mobile home space shall be provided with electrical outlets installed in accordance with the National Electrical Code and/or Virginia Uniform Statewide Building Code.

6.5.5. Health permits. The state health department must have issued the mobile home park operator a valid health permit as required by state law and a valid approval of all mobile home and camper/travel trailer lots within the park.

6.5.6. Playground. Rental mobile home park operators shall provide a safe central playground area free of traffic hazards. The playground area shall be provided with at least 200 square feet of area for each mobile home lot contained within the mobile home park.

6.5.7. Subdivision compliance. Mobile home parks and camper/travel trailer parks shall comply with the town subdivision ordinance.

6.5.8. Special exceptions; special use permits. The board of zoning appeals shall have the authority to consider applications for a special exception and may grant a special use permit for the establishment of mobile home parks and camper/travel trailer parks pursuant to all the provisions of this ordinance. Any expansion or establishment of additional lots in any existing mobile home park and camper/travel trailer park shall also require a special exception and a special use permit from the board of zoning appeals where not otherwise permitted by right.

6.5.9. Compliance with article. It shall be unlawful to allow any mobile home to remain occupied in a mobile home park unless all provisions of this article have been met.

6.5.10. List of approved parks. The board of zoning appeals shall create a list of mobile home parks and camper/travel trailer parks which were in existence prior January 4, 1994 and those mobile home parks and camper/travel trailer parks which have been approved by the planning commission prior to the enactment of this amendment to the ordinance. The mobile home, camper/travel trailer parks on this list and any mobile home, travel trailer parks which may be approved by the board of zoning appeals in the future will be considered as approved mobile home and camper/travel trailer parks.

6.5.11. Request for location of mobile home in approved park. A request for the location of a mobile home in an approved mobile home park shall not require a special exception or a special use permit from the board of zoning appeals.

(Ord. of 4-1994; Ord. of 8-1-1994; Ord. of 11-7-1994; Ord. of 7-3-1995; Ord. of 4-13-1998; Amended 1-3-2005)

There shall be provided, at the time of erection of any main building or dwelling unit, or at the time any main building is enlarged, or the available customer floor space in a business structure is increased, minimum off-street parking spaces as identified in section 6.6.1 with adequate provisions for entrance and exit by standard sized automobiles as required by the Virginia Department of Transportation.

6.6.1. Definitions.

(1)

Accessible parking stalls - parking required for persons with disabilities.

(2)

Accessway a private vehicular facility for townhouse, multifamily, condominium, and commercial developments that extend from the curb-line-extended of a public or private road to the parking bay.

(3)

Aisles areas used for vehicular traffic in parking areas for ingress and egress to parking bays and/or parking spaces.

(4)

Compact car parking space - an off-street space available for parking of one motor vehicle and having an area not less than eight feet in width by 16 feet in depth.

(5)

Entrances the area used for ingress/egress for an accessway or parking bay to a public or private road. Must meet the Virginia Department of Transportation's Minimum Standards of Entrances to State Highways.

(6)

Fire safety lane—a designated area that allows for fire safety and emergency vehicles to adequately service the needs of people and structures associated with the parking areas and parking bays as identified in the International Fire Code as amended.

(7)

Parking bay—means an off-street surfaced area used for parking two or more vehicles which is served by an entrance and possibly an accessway connecting the parking bay and a public or private road. This shall not include parking for a single-family residential use.

Parking bays will be required to have safe pedestrian traffic capability by providing sidewalks or defined safe walkways that provide access to the structures served by these lots.

(8)

Parking space an off-street space available for parking of one motor vehicle and having an area not less than nine feet by 18 feet and an area exclusive of passageways and driveways appurtenant thereto, and having a means to a direct access to a street, or road.

(9)

Boat trailer parking space—an off-street space available for parking of one nine-foot by 45-foot boat trailer exclusive of passageways and driveways appurtenant thereto, and having a means to a direct access to a street, or road.

(10)

Best management practice—a series of approaches to development and site design that aim to minimize impacts from stormwater runoff. For the purposes of this ordinance a best management practice will apply only to the surface of the parking bay and accessway, or any overflow parking. It shall be demonstrated that a best management practice will reduce the amount of impervious surface and reduce the amount of stormwater runoff from a particular site.

(11)

Overflow parking—a parking area required when ten or more dwelling units utilize a parking bay(s). Overflow parking is intended to be used when the required parking area is full. The area designated as overflow parking shall have the same aisle and parking stall area requirements as the parking bay. Overflow parking is not required to be surfaced.

(12)

Typical work shift - for the purposes of this ordinance a typical work shift shall be identified as the time period during a normal 24-hour period when the most employees/employers are working at the same time.

6.6.2. If a lot is utilized for amusement or recreational rental purposes the following regulation shall apply: one space per four persons rated capacity.

(1)

If a lot is utilized for a miniature golf course the following regulation shall apply: one space per hole.

6.6.3. If a lot is utilized for use group R-residential (see Virginia Uniform Statewide Building Code) there shall be off-street parking space provided for the parking of at least two motor vehicles for each dwelling unit.

6.6.4. If a dwelling includes a home occupation which has direct sales, two off-street parking spaces must be provided for the dwelling unit, and an additional two off-street parking spaces must be provided for the home occupation. Parking shall be identified by either signs or bumpers. If more than one home occupation is located within a dwelling unit then two additional off-street parking spaces shall be provided for each home occupation.

6.6.5. If a lot is utilized for use group A-assembly (including churches) there shall be provided at least one off-street parking space for every five potential occupants, as defined by Virginia Uniform Statewide Building Code, in the main structure's assembly or auditorium area. (Excluding libraries and museums).

6.6.6. If a lot is utilized for a medical or dental clinic, there shall be provided two spaces per examination or treatment room or area, plus one space for each doctor and employee that work during typical work shift.

6.6.7. If a dwelling is utilized for a vacation rental there shall be provided one parking space for each bedroom as defined and permitted by the county health department sewage disposal permit, or DEQ if applicable, applicable thereto. If ten or more dwelling units utilize a parking bay(s), an additional ten percent of those required parking spaces will also be required. These additional spaces will be referred to as overflow parking and can be incorporated into the surfaced required parking bay, or they can be a designated, open, unobstructed, and accessible area to the parking bay or right-of-way.

6.6.7.1.

If a structure is occupied as a bed and breakfast, motel, hotel or boarding house there shall be provided one parking space per sleeping unit as defined and permitted by the county health department, or DEQ if a discharge plant is utilized for sewerage disposal applicable thereto, additionally one parking space shall be required for every required residential manager. Further an additional parking space shall be required for each employee during a typical work shift.

6.6.8. If a lot is utilized for a hospital, nursing home or similar facilities, there shall be provided at least one off-street parking space for each two beds of its specified bed capacity, including infants' cribs and children's beds.

6.6.9. For marinas and other similar facilities, except as expressly provided herein, whether any main building is erected or enlarged or not, there shall be provided at least one parking space for every two boat slips or moorings, plus ten parking spaces for each single-width boat ramp, with each boat ramp space nine feet in width by 45 feet in length, plus the parking spaces required by section C. Parking, as applicable, if there are buildings. Any private non-commercial marina located on the same parcel of land, used in conjunction with the main use on such parcel and the use of which is restricted to the owner(s) or occupant(s) with or without compensation, shall not require any additional boat trailer parking space(s). A boat slip that is owned or leased by a person(s) who is not the owner or occupant of a dwelling unit located on such parcel shall be required to have one additional nine feet by 18 feet parking space per such slip.

6.6.10. If a lot is utilized for retail sales, there shall be provided on the lot one off-street parking space for each 200 square feet of retail floor space in the building and one parking space for each regular, full-time employee or full-time equivalent in the building or on the premises whose primary duties are in the building or on the premises.

6.6.11. Any other commercial building not listed above, built, converted, modified or structurally altered shall provide one parking space for each 200 square feet of business floor space in the building and one parking space for each regular, full-time employee or full-time equivalent in the building or on the premises whose primary duties are in the building or on the premises. a minimum of four parking spaces shall be provided. (Including libraries and museums and wayside stands).

6.6.12. Every parcel of land used as a public parking area shall be surfaced with gravel, shells, stone, asphalt or concrete. The area shall have appropriate parking guards.

6.6.13. Parking spaces, as required above, shall be on the same lot as the main structure/building or use, except for any existing buildings being used for commercial purpose on or before December 3, 1979, for which off-street parking as required by this section does not apply.

6.6.14. Parking provided on the same lot as the main structure/building must be identified and may be restricted to customers of that particular structure/building. Parking spaces separated from the main structure/building must be identified.

6.6.15. Any lights used to illuminate parking areas shall be so arranged so as to reflect the light away from any public street and from adjoining premises in a residential district.

6.6.16 An accessway shall extend from the curb line of a public or private road to the parking bay. Accessways shall be clearly distinguishable from the parking bay. An accessway shall not be used as a through street and it shall carry predominantly on-site traffic. Surface composition of accessways will be same as the parking bay. There shall be no parking on an accessway. An accessway will be no longer than 200 feet from curb line of a public or private road to the parking bay. If this area is greater than 200 feet it shall be considered a road. The accessway will have a minimum width of 22 feet with the entrance having a required 24 foot minimum width as required by the Virginia Department of Transportation's Minimum Standards of Entrances to State Highways.

6.6.17. Compact car parking spaces—if 20 or more parking stalls are required for a parking bay, 20 percent of those spaces may be designated for compact car spaces. Each compact car space shall be marked as "compact car parking."

6.6.18. Entrances to accessways and parking bays must be built to Minimum Standards of Entrances to State Highways VDOT specification whether connecting to a public or private road.

6.6.19. Parking bays shall have aisles that are 22 feet or more in width.

6.6.20. Accessible parking stalls must conform to current regulations of the Virginia Uniform Statewide Building Code, and any subsequent amendments to those regulations.

6.6.21. Fire safety lane—as to any structure(s) requiring 20 or more parking spaces, reasonable access shall be provided for emergency fire equipment by designated fire safety lanes within the parking bay of a width of at least 18 feet so as to provide reasonable access to at least three sides of the structure(s).

The fire safety lane shall be constructed of the same surfacing material(s) as the parking bay, and accessway. The fire safety lane shall be clearly demarcated by signage or striping.

Signage shall be constructed of reflective aluminum, and be placed every 50 feet along the fire safety lane. There shall be a minimum of one sign for every designated fire safety lane. The signage along the fire safety lane shall be no smaller than 12 inches by 18 inches, with lettering containing the words "no parking" and "fire lane." The signage shall be white with red lettering. The bottom of the sign shall be seven feet above grade. Signage must be replaced immediately if damaged.

Striping shall be placed around the perimeter of the fire safety lane(s). Any curbing contiguous to the fire safety lane shall be painted. Striping shall be six inches wide. Striping and curbing shall be painted red. The words "no parking" and "fire lane" shall be painted within the fire safety lane every 50 feet. Lettering shall be white and be at least 12 inches in height and each letter shall be three inches thick. Repainting shall be required when necessary by the zoning administrator.

6.6.22. As to any parking bay where 20 or more parking spaces are required, a best management practice must be utilized. A best management practice for parking must be approved by a certified engineer as a structurally sound and effective practice that is demonstrated by the engineer to reduce stormwater run-off and the amount of impervious surface of the parking bay.

Such best management practice(s) shall give consideration to the number of parking stalls, traffic load, surface composition, cost, and other relevant factors so as to reduce stormwater runoff and impervious surfaces. All best management practices shall be approved by the zoning administrator and if applicable the planning commission with the advice of the public works director.

Parking areas that utilize best management practices must adhere to proper stall dimensions either for standard, or if applicable compact parking stalls. Any best management practice for parking shall be designed so as not to create or increase adverse effects on adjoining properties as a result of surface drainage.

(Ord. of 4-3-1995; Ord. of 1-3-1996; Amended 12-6-2002, 9-18-2008, 10-5-2015)

6.7.1. No camping unit as defined under section 2-31 hereof shall be occupied, stored, parked, or otherwise used on any parcel of real estate situated within the town in any zone or district outside of a campground having all requisite permits, except as herein expressly excepted. Any such exception shall be applicable to all districts within the town.

6.7.2. Any owner or lessee of a parcel owned by such owner and lessee may park and store a camping unit owned by such owner or lessee on such parcel, provided no electric, water, sewage is attached to the unit. No person shall occupy such camping unit, either permanently or temporarily, during such period of parking and storage, provided that this provision shall not prohibit the owner or lessee of such parcel and camping unit from entering such unit for the purpose of maintenance, preparation for travel, or other similar type uses. Any such parked and stored camping unit shall, at all times, be situated on said parcel behind a line equal to the front setback distance of the main structure situated on such parcel from the street.

6.7.3. During the period beginning the Saturday before Pony Penning through the Saturday following Pony Penning annually, any owner or lessee of a parcel, pursuant to a permit issued by the town manager, may permit a camping unit to be situated, occupied, and otherwise used on said parcel for temporary residential purposes. Such owner or lessee of such parcel shall not charge a fee for the situating, occupying and/or use of such camping unit on such parcel. No permit shall be issued by the town manager unless satisfactory evidence is provided that such camping unit has an approved method of sewage disposal. An approved method shall include, but not limited to, written authorization from a permitted campground that the unit can utilize the campground's state approved dumping station for the disposal of said sewage.

6.7.4. The provisions hereof shall not apply to the temporary use and occupancy of a tent by a minor child or minor children and their guests, of an owner or lessee of any such parcel, nor the temporary use and occupancy of any such tent by any charitable organization.

(Ord. of 4-5-2002; Ord. of 5-2-2002)

6.8.1. Open-sided roof structures to shelter a single boat slip and/or boat lift, and gazebo-type structures as defined in Code of Virginia, § 28.2-1203.A.5, as amended, may be constructed and/or maintained on any dock or pier, or platform in any zoning district as a matter of right, subject to Code of Virginia, §28.2-1203.A.5. No such structure(s) on any such dock, pier and/or platform shall exceed a combined coverage or area of 400 square feet. No such permitted structure shall exceed 12 feet in height and shall have a roof pitch no greater than 2/12. No special exception or use shall be granted by the board of zoning appeals for any such structure not complying with such size and design limitations, nor shall the board of zoning appeals grant any special exception or use for any open-sided shelter roof structure as defined in Code of Virginia, § 28.2-1203.A.5.

(Adopted 1-18-2007)

The purpose of this section is to regulate the placement, construction, and modification of small wind energy systems while promoting the safe, effective, and efficient use of small wind energy systems.

6.9.1. Applicability. The requirements set forth in this section shall govern the siting of small wind energy systems used to generate electricity or perform work which may be connected to the utility grid pursuant to Virginia's net metering laws, serve as an independent source of energy, or serve in a hybrid system.

6.9.2. Siting requirements. The requirements for siting and construction of all small wind energy systems regulated by this section shall include the following:

(1)

Small wind energy towers shall maintain a galvanized steel finish, unless FAA standards require otherwise, or if the owner is attempting to conform the tower to the surrounding environment and architecture, in which case it may be painted to reduce visual obtrusiveness. A wind energy town may be erected, maintained and/or operated on or as an attachment to a building on a lot. A photo simulation may be required by the permitting authority.

(2)

Small wind energy systems shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or appropriate authority.

(3)

No tower should have any sign, writing, or picture that may be construed as advertising by the building and zoning administrator or their designee.

(4)

The applicant shall provide evidence that the proposed height of the small wind energy system tower does not exceed the height recommended by the manufacturer or distributor of the system. The tower height shall not exceed a maximum height of 70 feet on a parcel. When situated on or attached to a building the total height shall not exceed 70 feet. The building itself shall otherwise conform with the applicable height requirement under the ordinance and nothing herein shall permit the height of any such building on which situated or attached to exceed such building height requirement.

(5)

The applicant shall provide evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid. This notification will take place by having the electric utility provider sign the conditional use permit application. This signature does not construe approval for net metering by the electric utility.

(6)

Small wind energy systems shall adhere to noise limits as delineated in section 22-35 of this Code. These levels, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

(7)

The applicant will provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.

(8)

The minimum distance between the ground and any protruding blade utilized on a small wind energy system shall be 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blades shall also be ten feet above the height of any structure within 75 feet of the base. The supporting tower shall also be enclosed with a six-foot tall fence or the base of the tower shall not be climbable for a distance of ten feet.

(9)

The applicant will provide proof of adequate liability insurance for a small wind energy system. Whether or not the applicant is participating in the net metering program, the applicant will be required to meet the insurance coverage requirements as set forth in 20 VAC 5-315-60.

(10)

The small wind energy system generators and alternators should be constructed so as to prevent the emission of radio and television signals and shall comply with the provisions of Section 47 of the Federal Code of Regulations, Part 15 and subsequent revisions governing said emissions.

6.9.3. Wind energy system permit. No such system shall be constructed, maintained and/or operated by any person or entity unless a conditional use permit is issued by the town council pursuant to article IX of the zoning ordinance.

6.9.4. Federal and state requirements.

(1)

Compliance with the Uniform Statewide Building Code. Building permit applications for wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including tower, base, and footings, an engineering analysis of the tower showing compliance with the Uniform Statewide Building Code and certified by a licensed professional engineer shall also be submitted.

(2)

Compliance with FAA regulations. Wind energy systems must comply with applicable FAA regulations including any necessary approvals for installations close to airports.

(3)

Compliance with National Electric Code. Building permit applications for wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

(4)

Compliance with regulations governing energy net metering. Wind energy systems connected to the utility grid must comply with the Virginia Administrative Code 20 VAC 5-315: Regulations Governing Energy Net Metering.

6.9.5. Setbacks. The wind energy system shall be set back a distance at least equal to 110 percent of the height of the tower plus the blade length from all adjacent property lines and a distance equal at least to 150 percent of the tower height plus blade length from any dwelling inhabited by humans on neighboring property. Additionally no portion of the small wind energy system, including guy wire anchors may be extended closer than ten feet to the property line.

6.9.6. Removal of defective or abandoned wind energy systems. Any wind energy system found to be unsafe by the building official shall be repaired by the owner to meet federal, state and local safety standards or removed within six months. Any wind energy system that is not operated for a continuous period of 24 months shall be considered abandoned and the owner of the system shall remove the turbine within 90 days of receipt of notice from the town instructing the owner to remove the abandoned wind energy system.

(Adopted 3-1-2010)

6.10.1. If at the time of enactment of this ordinance any legal activity is being pursued, or any lot or structure legally utilized in a manner or for a purpose, such activity or utilization may be continued as herein provided.

6.10.2. If any change in title of possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

6.10.3. If any nonconforming use (structure or activity) is discontinued for a period exceeding five years, after the enactment of this ordinance, it shall be deemed abandoned, and any subsequent use shall conform to the requirements of this ordinance.

6.10.4. Whenever a nonconforming structure, lot or activity is to be changed to another nonconforming structure, lot or activity, such proposed change may only be made following approval of the board of zoning appeals by special use permit or variance, as applicable.

The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this ordinance may proceed, provided such building is started within one year of the adoption of this ordinance and completed within one year of the start date. Extensions may be granted by the building administrator.

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, provided that the cubic content of the structure as it existed at the time of passage or amendment of this ordinance shall not be increased.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official. Extensions may be granted by the building administrator.

Whenever the boundaries of a district are changed, any uses of land or buildings which come nonconforming as a result of such change shall become subject to the provisions of this article.

Additions to the area of a nonconforming structure that meet current zoning regulations are permitted. Additions to the area of a nonconforming structure that do not meet current zoning regulations are permitted provided the addition does not encroach further into the required setback and does not extend beyond the outermost plane of the structure as such existed on August 6, 2001. Such additions shall conform with the height requirements for that district.

Any unimproved nonconforming lot of record at the time of the effective date of this ordinance, or if the specific recorded lot is reconveyed after the date of this ordinance, such lot shall be considered as a lot of record. If such lot is of insufficient size to meet the minimum requirements of this ordinance regarding area, frontage, setback, width, depth or side and rear yard requirements, it may be used as permitted in the district in which such lot is located. The lot owner or his agent shall apply for a zoning permit as required by the ordinance.

The zoning administrator, or the board of zoning appeals on an appeal from the decision of the zoning administrator, shall determine said requirements, which will be an average setback distance for front, rear and side yards of that of adjoining properties; however, they shall not adopt such requirements as to effectively prohibit use of such lot for uses permitted by right in the district where the lot is located and the lot must conform to all other applicable regulations existing within the district.

6.16.1. If a nonconforming structure or activity is destroyed or damaged in any manner, it may be restored and may, at such time, be extended as provided in section 5.5.

6.16.2. When a conforming structure devoted to a nonconforming activity is damaged or destroyed it may be repaired or restored provided any such repair or restoration is started within 12 months and completed within 24 months from the date of partial destruction. Six-month extensions may be granted by the building administrator.

6.16.3. A time limit of six months from the day of movement to "ready for occupancy" shall be placed on residential structures moved within the town. If preparation or renovation is not completed in the six-month period, the structure shall be classified under section 1 of the unsafe building ordinance; any extension of the time to this amendment may only be granted by the governing body.