(A)

Continued existence. Any use, activity, structure, building, sign, or other improvement lawfully existing at the time of the adoption or subsequent amendment of this zoning ordinance but which is nonconforming by use or nonconforming by dimension under the terms of this ordinance or subsequent amendment hereto shall be permitted to continue. This shall not exempt the nonconforming development from the regulations of this or other town ordinances, state statutes or common-law requirements requiring that property be used so as not to create a nuisance.

(B)

Nonconforming by use. A nonconforming use shall not be altered or intensified.

(C)

Nonconforming by dimension. A dimensionally nonconforming building or structure may be altered if the alteration does not increase the nonconformity. A dimensionally nonconforming building or structure shall not be enlarged or expanded in a manner that increases its dimensional nonconformity.

(D)

Abandonment. If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one (1) to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one (1) year, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.

(E)

Maintenance or repair. Nothing in this ordinance shall prevent or be construed to prevent routine maintenance of a nonconforming use or a dimensionally nonconforming building or structure.

(F)

Limitation. A use established by variance or special-use permit shall not acquire the rights of this section.

(Ch. 134, § 8, 12-19-94; Ch. 208, 4-21-08; Ch. 292, §(Exhs. A and D), 12-4-23)