Except as provided in this Article, the lawful use of any building or land existing on the effective date of the initial ordinance codified herein or any amendments to this Article may be continued even if such use does not conform to the requirements of the Article, provided that such continued use does not provide a significant safety hazard.

(Ord. No. 07-2009, Art. XI, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

The burden of proof regarding whether a use, structure, lot, sign or other characteristic of property is legally established as nonconforming shall be the responsibility of the owner, not the Town.

(Ord. No. 07-2009, Art. XI, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

A nonconforming use shall not be changed to a use of lower or less restrictive classification and may not be extended either in intensity of use or in floor area or lot area. Legal nonconforming uses shall be allowed to continue in accordance with the following limitations:

(1)

A legal nonconforming use which ceases operations for a period of 12 consecutive months shall no longer be considered legally nonconforming and shall be thereafter prohibited.

(2)

A legal nonconforming use may only be moved to a property in a zoning district in which the use is permitted by right in that zoning district.

(Ord. No. 07-2009, Art. XI, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Any enlargement, alteration or expansion of a legal nonconforming structure that increases the degree of nonconformity shall be prohibited.

(b)

In the event that a legal nonconforming structure is damaged, destroyed or removed by any means to an extent of more than 50 percent of its structural replacement value, such structure shall not be restored or replaced except in conformance with the applicable regulations of this Chapter. Such valuation shall be determined by the Town based on County Assessor records. The owner may appeal such determination by filing a written appeal with the Town Clerk and by submitting an independent, certified real estate appraiser's written opinion of valuation.

(c)

A legal nonconforming structure shall not be moved to a different property in the Town unless it is situated on the new property in conformance with the regulations of the zoning district in which that property is located. A legal nonconforming structure may be relocated on the property on which it is located to decrease the degree of nonconformity. For example, a lawfully established six-foot fence along the front property line of a residential lot may be relocated farther back from the front property line even if it still would not conform to the regulations of this Chapter.

(Ord. No. 07-2009, Art. XI, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

A legal nonconforming sign may be altered in a way that does not increase its height or size or change its perimeter shape or location, without bringing the entire sign into conformance; provided that the cost of such alteration is less than 50 percent of the replacement cost of the sign. A sign or portion of a sign may be altered to change its copy or to decrease its nonconformity.

(b)

In the event that a legal nonconforming sign is damaged, destroyed or removed, by any means, to an extent of more than 50 percent of its structural replacement value, such sign shall not be restored or replaced except in conformance with the applicable regulations of this Chapter. Such valuation shall be determined by the Town based on building permit records and/or testimony of sign contractors.

(c)

A legal nonconforming sign shall not be moved to a different property in the Town unless it is situated on the new property in conformance with the applicable regulations of this Chapter. A legal nonconforming sign may be relocated on the property on which it is located to decrease the degree of nonconformity.

(Ord. No. 07-2009, Art. XI, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

Two or more adjacent lots under common ownership and contained in one deed may be considered a single lot for the purpose of obtaining building permits, so long as the parcel contains the minimum area required for lots in the zoning district in which it is located. In such cases, setbacks shall be measured from the perimeter boundary of the parcel.

(Ord. No. 07-2009, Art. XI, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

No building shall be moved onto any lot unless it conforms to the current zoning district standards in which the building is to be located.

(Ord. No. 07-2009, Art. XI, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)