Residential use of property in the CB and CH Zones at the time of passage of the initial ordinance codified in this Chapter shall be subject to requirements and restrictions of the R1 and R2 Zones, including use, improvements and setbacks, so long as such residential use shall continue. Should such residential use be discontinued for a period of 18 months, an extension of the nonconforming use may be requested in writing prior to the expiration of the 18-month period. The request shall give the reasons such use cannot be currently maintained. The Board of Trustees may approve such extension for a reasonable time, in its discretion, upon a finding of good cause for the residential use to be discontinued and not to be currently maintained. Should such request not be made and the residential use is discontinued in excess of 18 months, such nonconforming use shall terminate and the uses by right in such zone shall apply absent use review. Provided, however, this Section shall not apply to existing non-conforming residences in the CB (Commercial Business) and CH (Commercial Highway) Districts at the time of enactment of this Chapter; such existing nonconforming residences in the CB and CH Districts shall only be subject to the same regulations as respective residential structures in the R1 and R2 Districts.

(Prior code 17.37.010; Ord. No. 680, § 1, 7-7-2015; Ord. No. 692, 12-14-2016)

Any use, building or structure which at the effective date of the initial ordinance codified in this Chapter, or any amendment thereto, or at the time of annexation, if annexed subsequent to the effective date of said ordinance, was lawfully existing and maintained in accordance with the previously applicable county or Town regulations and ordinances, but which does not conform to or comply with all of the regulations provided for in this Chapter, may continue to be maintained and used as a lawful nonconforming use only in compliance with the provisions and limitations imposed by this Article. Uses, structures or buildings which were unlawful or illegal and not in compliance with previously applicable regulations shall remain unlawful, illegal and subject to abatement or other enforcement action.

(Prior code 17.37.020; Ord. No. 680, § 1, 7-7-2015)

(a)

If a use, building or structure is lawfully nonconforming in that it is not a use by right or an approved conditional use, or it does not comply with the applicable design and performance standards, the following shall apply:

(1)

If any factory-built housing is destroyed or damaged so that repair, replacement or reconstruction will cost more than 75 percent of the fair market value of the building or structure after repair, it shall no longer be lawful to use the structure except in compliance with the use regulations and design and performance standards for the zone within which it is located.

(2)

All other structures, other than factory-built housing, are subject to the 50 percent damage limitation provided for in Paragraph 16-7-40(2) below.

(3)

All structures which are destroyed or damaged may be replaced or repaired consistent with other limits of this Article and the nonconforming use continued, if replacement or repair is commenced within 12 months and completed within 18 months.

(b)

If the nonconforming use is abandoned or discontinued for a period of six months other than as allowed for repair in Subsection (a)(1) above, then the premises may only be used in compliance with the use regulations for the zone within which it is located, provided further that existing nonconforming residences in the Commercial Highway (CH) and Commercial Business (CB) Districts at the time of enactment of this Chapter shall only be subject to the same regulations as respective residential structures in the R1 and R2 Districts.

(c)

The use may be continued only substantially as it existed at the effective date of the initial ordinance codified in this Chapter, or amendment thereto, or of annexation, and no material change in the type of use shall be allowed unless the Planning Commission determines, following a hearing, that the new use is a more restrictive use or less nonconforming than the existing nonconforming use and that it will not adversely affect other property in the area, or the public health, safety and welfare. Any change in use allowed pursuant to this provision shall not affect the future status of the use as a nonconforming use for all purposes of this Article.

(d)

Except for existing residential use of property in the CB Zone as covered in Section 16-7-10 above, the extent or area of the premises utilized for or by the nonconforming use, building or structure may not be materially extended or enlarged or substantially structurally altered unless the Planning Commission determines, following a hearing, that the change will not adversely affect other property in the area, or the public health, safety or welfare.

(e)

This Section is not intended to prevent repairs and remodeling which do not materially change the type and extent of nonconforming use, and building permits may be issued unless the Building Inspector believes such structural alterations effectively enlarge or increase the nonconforming use, in which case such requests will be referred to the Planning Commission.

(Prior code 17.37.030; Ord. No. 680, § 1, 7-7-2015; Ord. No. 692, 12-14-2016)

Except for existing residential use of property in the CB zone as covered in Section 16-5-70 above, if the use, building or structure is nonconforming with respect to provisions of this Chapter other than the use requirements, or design and performance standards, such as dimensional requirements or general requirements, the following provisions shall apply:

(1)

If the nonconformity of the building, use or structure is abandoned, removed or corrected within six months, such nonconformity may not be reestablished. A six-month extension to repair or replace may be requested in advance if it is unreasonable to expect compliance within such six-month period.

(2)

If the building or structure is damaged so that the cost of replacing or restoring it is greater than 50 percent of its fair market value after replacement, the building or structure may be repaired or replaced only in compliance with this Chapter.

(3)

If the building or structure is damaged in such a way as to remove the nonconformity, the nonconforming feature may not be reestablished by any repair or reconstruction unless it is unfeasible to repair the building without reestablishing the nonconforming feature.

(4)

No alteration may be made to the use, building or structure which would increase the amount or degree of the nonconforming feature. Changes in the use, building or structure may be made which will decrease the degree or amount of deviation from the requirements of this Article. Subsection 16-7-30(e) above applies to this Paragraph.

(5)

Buildings designated on the National Register of Historical Places shall be exempt from the limitation of this Section, provided that they are maintained in good repair in conformity with their historic character.

(6)

Anything herein to the contrary notwithstanding, the Board of Trustees may allow a nonconforming use to continue upon application in accordance with the requirements of a conditional use. However, the Board of Trustees shall find that there is a reasonable likelihood the permitted uses by right stated for the zone may not be met before such conditional use may be granted.

(7)

Provided further that existing nonconforming residences in the Commercial Highway (CH) and Commercial Business (CB) Districts at the time of enactment of this Chapter shall only be subject to the same regulations as respective residential structures in the R1 and R2 Districts.

(Prior code 17.37.040; Ord. No. 680, § 1, 7-7-2015; Ord. No. 692, 12-14-2016)

This Chapter shall not apply to signs. Nonconforming signs shall be governed by the provisions of Section 16-11-110 of this Chapter.

(Prior code 17.37.050; Ord. No. 680, § 1, 7-7-2015)