Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located, cause disruption of the comprehensive land use pattern of the Town, inhibit present and future development of nearby properties and confer upon their owners and uses a position of unfair advantage. It is a fundamental principle of this article that nonconformities may be continued as allowed by this chapter. It is also the intent of this chapter that existing nonconformities shall not be a reason for authorizing uses prohibited in the same zoning district.

This article shall apply to the following nonconformances in any zoning district:

A nonconforming use may be continued so long as it remains otherwise lawful, and does not cause any adverse impacts to surrounding uses, subject to the restrictions of this section.

(Reserved)[1]

A nonconforming use may occupy any parts of a structure which were designed for such use at the time of the adoption of this chapter.

A nonconforming use shall not be moved in whole or in part to any portion of the land other than that occupied by such use at the time of adoption of this chapter.

A nonconforming use which has been abandoned in accordance with § 255-830 for a period of more than one year shall not be resumed unless it conforms with the provisions of this chapter.

Any structure containing a nonconforming use which is destroyed or damaged in any manner or from any cause whatsoever to the extent of 75% of its current market value at the time of such damage, as determined by the Building Inspector, shall not be repaired or rebuilt except in conformity with the provisions of this chapter. In determining restoration cost, the cost of the land or factors other than the cost of the structure itself shall not be included.

A nonconforming use shall not be changed to another nonconforming use.

If a nonconforming use is changed to a conforming use, it shall not thereafter be changed back to a nonconforming use.

Any structure containing a nonconforming use shall be properly maintained in good repair provided that such work does not enlarge or extend any nonconforming use.

A nonconforming structure may be continued provided that it conforms to the requirements of this section.

(Reserved)

Any nonconforming structure may be altered to decrease its nonconformity.

A nonconforming structure which is demolished or removed in whole or in part by the voluntary and lawful action of the owner or other authorized party shall not be rebuilt or replaced unless it conforms with this chapter.

Any nonconforming structure shall not be moved in whole or in part unless such structure conforms to the requirements of the district in which it is to be located.

Any nonconforming structure located in an industrial or commercial zone which is damaged by any manner or cause whatsoever in excess of 75% of its current market value shall not be repaired or replaced except in conformity with this chapter. The Building Inspector or Zoning Enforcement Officer shall determine the restoration cost of the damaged structure. In determining this cost, only the cost of the structure itself shall be considered. If the extent of damage is less than 75%, the structure may be repaired and rebuilt provided that such repair or reconstruction does not occupy a larger footprint than the damaged structure unless it can do so in conformance with the dimensional regulations in § 255-610.

Any nonconforming residential structure located in a residential district which is damaged or destroyed by other than the voluntary and lawful action of the owner or other authorized party may be repaired or rebuilt provided that such repair or reconstruction does not occupy a larger footprint than the damaged structure unless it can do so in conformance with the dimensional regulations in § 255-600.

A lot or parcel of land having a lot width or area which is less than required by Article VI may be considered buildable for single-family residential purposes regardless of the lot width or area, provided such lot or parcel of land was duly recorded prior to the effective date of this chapter, and further provided that at the time of the recording said lot or parcel of land so created conformed in all respects to the minimum requirements of the Zoning Ordinance in effect at the time of such recording, and did not adjoin other land of the same owner on the effective date of this chapter or at any time after such lot or parcel of land was rendered substandard by the provisions of any prior Zoning Ordinance. Any lot meeting the requirements of a single nonconforming lot of record for single-family purposes shall be governed by the requirements of § 255-890 for determination of setbacks for principal structures.

Nothing in this section shall be construed as exempting single nonconforming lots of record from complying with the maximum percentage of lot coverage of principal and accessory buildings, maximum building height and accessory building setback requirements, as required by § 255-600.

Generally. If two or more adjacent nonconforming lots of record or parcels of land are under the same ownership on the effective date of this chapter, such lots shall be considered to be an undivided parcel of land for the purpose of this chapter, and no single lot or portion thereof shall be used in violation of the requirements of § 255-600 as to lot width and area. If the total lot width or lot area of such adjacent merged lots of record is less than required by § 255-600, such lots may be considered as a single nonconforming lot of record for single-family residential purposes and shall be governed by the provisions of § 255-870.

Adjacent nonconforming lots of record under common ownership in Rural Residential Zone; exemption from merger provision. Two or more adjacent nonconforming lots of record or parcels of land under the same ownership on the effective date of this subsection, June 26, 2000, in an RR-2, RR-3, or RR-5 Zone shall not be merged for the purpose of this chapter pursuant to § 255-880A, provided that the adjacent nonconforming lots of record or parcels of land conformed to the minimum two-acre dimensional requirements in effect after May 4, 1981, and provided that they were lawfully created and recorded.

Nothing in this section shall be construed as exempting such adjacent nonconforming lots of record from complying with the maximum percentage of lot coverage of principal and accessory buildings, maximum building height and accessory building setback requirements, as required in § 255-600 for the zoning district in which such lot is located. Any lots meeting those requirements shall be considered as a conforming lot of record for single-family residential purposes.