When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to July 3, 1929, and has been operating since without discontinuance.

When on the effective date of this ordinance the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the prior zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which such use or structure is located.

The term “nonconforming structure,” as referenced in this section, does not include the term “nonconforming accessory building” as used in section 12-102.

Partial reconstruction of a nonconforming structure, damaged by fire or natural disaster, will be permitted when the reconstruction does not exceed fifty percent (50%) of the total square footage of such structure. The size of the reconstructed, nonconforming structure shall not be expanded beyond the size of the nonconforming structure prior to the loss, nor shall there be an increase in the degree of nonconformity.

Reconstruction of a nonconforming structure, damaged by fire or natural disaster, must conform to the regulations established in this ordinance when the reconstruction exceeds fifty percent (50%) of the total square footage of such structure.

Reconstruction of a nonconforming structure shall begin within twelve (12) months of the damaging event, or result in the loss of these nonconforming reconstruction and/or repair provisions. If the reconstruction and/or repair is delayed by contested insurance claims, litigation, or similar causes, then the twelve (12) month period may be extended up to an additional twelve (12) months by the Building Official.

If a nonconforming structure is razed and/or demolished, then the replacement structure or new structure shall comply with the requirements of this ordinance.

Any voluntary, exterior reconstruction of any portion of a nonconforming structure shall not be permitted, unless the reconstruction conforms to the regulations established in this ordinance.

The total square footage of a structure, as referenced herein, shall be the total under roof square footage recorded on the most recent Town approved tax roll. If such square footage data is unavailable, and/or inaccurate, then the Town shall use information from the most recent building permit data on file.

If a structure occupied by a nonconforming use is damaged by fire or natural disaster, and such damage exceeds fifty percent (50%) of the total square footage, then the nonconforming use may not continue to occupy or reoccupy, this structure.