(a)

Except as provided in this Section, the lawful use of any building or land existing at the time of enactment of the initial ordinance codified herein, or of any amendments to this Chapter, may be continued even though such use does not conform to the requirements of this Chapter.

(1)

Unsafe buildings: Any nonconforming building or portion thereof declared unsafe by the Building Inspector may be strengthened or restored to a safe condition.

(2)

Repairs and maintenance: Ordinary repairs and maintenance of a nonconforming building shall not be deemed an extension of such nonconforming building and shall be permitted.

(3)

Restoration: A nonconforming building which has been damaged by fire or other causes may be restored to its original condition, provided that such work is commenced within one hundred eighty (180) days of such calamity.

(4)

Abandonment: Whenever a nonconforming use has been discontinued for a period of one hundred eighty (180) days, such use shall not thereafter be reestablished, and any future use shall be in conformance with the provisions of this Chapter.

(5)

Changes in use: A nonconforming use shall not be changed to a use of lower or less restrictive classification; such nonconforming use may, however, be changed to another use of the same or a higher classification and, when so changed to a use of a higher classification, shall not thereafter be changed to a use of a lower classification. In no event can a nonconforming use be enlarged upon.

(6)

Extensions: A nonconforming use shall not be extended, but the extension of a conforming use to any portion of a nonconforming building shall not be deemed the extension of such nonconforming use; however, businesses in R-1, R-2, R-3, MH-1 and MH-2 Districts shall not be extended under any circumstances.

(7)

Displacement: No nonconforming use shall be altered, extended or restored so as to displace any conforming use. A mobile or manufactured home in any district may be replaced with a newer model mobile or manufactured home or have improvements made to it.

(8)

Completion: Any building or structure for which a building permit has been issued prior to the date of enactment of the initial ordinance codified herein may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commenced within sixty (60) days after the issuance of said permit and diligently pursued to completion.

(b)

Lots in all districts with residential structures existing as of September 25, 2001, shall be deemed conforming uses.

(c)

Horses or livestock located within all Residential and PD Zoning Districts, unless defined as allowed, existing on property as of March 9, 2010, shall be deemed a legal nonconforming use until such time as the property transfers ownership. Notwithstanding the lot size limitations set forth in Section 16-1-45(b) of this Code, property owners that have horses deemed a legal nonconforming use based on this subsection (c) shall be authorized to keep the number of horses existing as of March 9, 2010, and may replace a deceased horse to assure that two (2) horses are kept during such time the use is a legal nonconforming use. Property owners with nonconforming horses or livestock shall file a disclosure with the Town. Miniature horses that have been individually trained to do work or perform tasks for people with disabilities shall be exempted from the provisions of this Section.

(Ord. 10-07 §13; Ord. 12-02 §1)

(Ord. No. 19-15, § 3, 6-25-2019; Ord. No. 20-02, § 1, 5-12-2020)