No structure shall be constructed in the town prior to the issuance of a building permit by the planning and building administrator acting on behalf of or as an agent of the town.

(Ord. No. 83-1, § 2(X, A), 4-8-83)

If a person or entity conducts the activities addressed in this chapter without having obtained all required permits from the town, the work being conducted may be immediately stopped by the town's planning and building administrator and all required permits shall be obtained. No permit shall be granted by the town for any work within the town until the person or entity violating the provisions of this chapter shall have mitigated the damages caused to the satisfaction of the town commission in the same manner as mitigation would be addressed by the applicant for a permit as set forth in this chapter.

(Ord. No. 91-16, § 4, 10-21-91)

Cross reference— Land clearing without a permit, § 58-136.

It shall be unlawful to use or permit the use of any building or premises thereon created or erected, changed or converted wholly or partly in its use or structure until a certificate of occupancy to the effect that the building or premises or part thereof and the proposed use thereof conform to the provisions of this chapter shall have been issued.

(Ord. No. 83-1, § 2(XII), 4-8-83)

Upon written request from the owner or applicant, the town shall issue a certificate of occupancy for any building or premises existing as of April 8, 1983, certifying, after the inspection of the use of the building or premises by the planning and building administrator or other designee, whether such conforms to the provisions of this chapter.

(Ord. No. 83-1, § 2(XII), 4-8-83)

Under the rules and regulations of the town commission a temporary certificate of occupancy for a part of a building may be issued.

(Ord. No. 83-1, § 2(XII), 4-8-83)

The lawful use of any building, structure or land existing as of April 8, 1983, may be continued although such use does not conform to the provisions of this chapter, provided however, the following conditions are met:

(1)

Unsafe structures or buildings. Any structure or building or portion thereof declared unsafe may be restored to a safe condition.

(2)

Approval of construction. Nothing in this section shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently carried on within six months of the date of such permit.

(3)

Alterations. A nonconforming building may be maintained and repairs and alterations may be made, except that in a building which is nonconforming as to use regulations, no structural alterations shall be made except those required by law including eminent domain proceedings. Repairs such as plumbing or changing of partitions or other interior alterations are permitted.

(4)

Extensions. Buildings or structures or uses of land which are nonconforming shall not be extended or enlarged, however, a special exception may be allowed for additions to structures with existing nonconforming setbacks pursuant to the provisions of chapter 70, section 70-75(c) of this Code.

(5)

Nonconforming use of land. When a nonconforming use of land has been discontinued for a period of 90 days, its future use shall revert to the uses permitted in the district in which said land is located.

(6)

Abandonment. A nonconforming use of land or of a building which has been vacated or abandoned for 90 days shall not thereafter be occupied by any nonconforming use.

(7)

Destruction by fire or other act. Nothing in this chapter shall be taken to prevent the restoration of a building destroyed to the extent of not more than 50 percent of its assessed value by flood, fire, explosion or other casualty, act of God, or the public enemy; nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction. The restoration of a building destroyed more than 50 percent of its assessed value by flood, fire, explosion or other casualty, act of God, or the public enemy must meet the requirements of all applicable provisions of this chapter including, but not limited to, the 100-year flood standards described in chapter 48 concerning special flood hazard areas. Restoration under this section must be started within 90 days from the date of approval of the building permit. If any building, with a non-conforming residential density, located in a residential district is damaged by flood, fire, explosion or other casualty, act of God, or the public enemy, the buildings may be repaired or reconstructed and the residential density shall not be increased. The repaired or reconstructed residential building shall be of a no greater height, no reduction in nonconforming setbacks and no greater square footage or total living area in existence in the building prior to the damage, regardless of the extent of the damage. Reconstructed units shall be subject to the applicable fire and building codes at the time of the issuance of the building permits for the reconstruction.

(Ord. No. 83-1, § 2(XI), 4-8-83; Ord. No. 04-3, § 1, 8-13-04; Ord. No. 12-3, § 2, 7-13-12)