Within the zone districts established in this Chapter, there exist lots, structures, and uses of land and structures which were lawfully established before this Chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this Chapter. It is the intent of these regulations to permit such nonconformities to continue until they are destroyed or removed, but not to allow them to be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone district.

(Ord. 452 §1(Exh. A), 2018)

Where at the time of the adoption of this Chapter or amendments thereto, lawful uses of buildings or structures, or lawful uses of land, or lawful uses of structures and land exist which would not be permitted by the regulations imposed by this Chapter, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be enlarged or increased, nor extend in intensity of use, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Chapter.

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption of this Chapter.

(3)

If any such nonconforming use of land ceases for any reason for a period of nine (9) months, any subsequent use of such land shall conform to the regulations specified by this Chapter for the zone district in which such land is located. Intent to resume active operation shall not affect the foregoing.

(4)

No additional structure not conforming to the requirements of this Chapter shall be erected in connection with such nonconforming use of land.

(Ord. 452 §1(Exh. A), 2018)

Where a lawful structure at the effective date of the 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, its location on the lot, or other requirements concerning the structure, may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in any way which increases its nonconformity, including an increase in floor area, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should such nonconforming structures or nonconforming portion of a structure be destroyed or partially destroyed by fire or other natural cause, it may be restored to its original condition, provided that actual reconstruction is begun within six (6) months of such calamity and completed within one (1) year of the time reconstruction is commenced it shall not be reconstructed except in conformance with the provisions of this Chapter.

(3)

No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in wholly or in part to another location unless every portion of such building or structure is moved and the use thereof is made to conform to all regulations of the district into which it is moved.

(Ord. 452 §1(Exh. A), 2018)

(a)

Ordinary repairs and maintenance of a nonconforming building shall be permitted.

(b)

A nonconforming building may be structurally altered and repaired in any way permitted by these regulations, provided that no alterations or repairs shall be made in a nonconforming building which would increase the degree of nonconformity with the location and bulk regulations of this Chapter.

(c)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, and the same is not repaired as permitted by Subsection (2) above, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the zone district in which it is located.

(Ord. 452 §1(Exh. A), 2018)

(a)

Where, at the effective date of the adoption of this Chapter, a lot of record was in separate ownership and cannot meet the minimum requirements for area or width, a single-family dwelling and customary accessory structures may be erected on any single lot of record provided such lot is in separate ownership and not of continuous frontage with other lots in the same ownership. Without limiting the generality of the foregoing, any previously platted lot of twenty-one hundred seventy-eight (2,178) square feet or greater, which lot is in existence as of the adoption of this Section on May 21, 2018, may be developed for a single-family detached, single-family attached, or multi-family dwelling for each twenty-one hundred seventy-eight (2,178) square feet of area within such lot as permitted uses in those zone districts which permit such dwellings, without any requirement for a conditional use permit.

(Ord. 452 §1(Exh. A), 2018)

Any sign located within the boundaries of the Town that does not conform with the provisions of Article 6 of this Chapter but which was in compliance with applicable law on the date of adoption of the initial ordinance codified herein or the date of annexation, whichever is applicable, or which became nonconforming as a result of subsequent amendments incorporated into Article 6 of this Chapter, shall qualify as a legal nonconforming sign. Legal nonconforming signs may be continued to be maintained, provided that such signs are kept in good repair and so long as such signs are not relocated, replaced or structurally altered. Changing light bulbs or ballasts, replacing or repainting sign faces or repainting the sign frame that represents no change in the use of the facility or overall size of the sign shall not be considered replaced or structurally altered, but shall be considered maintenance as required to be performed by Section 19-2-540.

(Ord. 452 §1(Exh. A), 2018)