Where the owner of a lot at the time of the adoption of this appendix does not own sufficient land to enable him/her to conform to the area, yard, and setback requirements of Table 2 of this appendix, such lot may nonetheless be used as a building site and the planning official is authorized to issue a permit for the use of the property, provided that all applicable setback requirements are not reduced below the minimum specified by more than 20 percent. Setback reductions greater than 20 percent shall be referred to the board of zoning appeals for consideration, observing normal review procedures. If, however, the owner of two or more adjoining lots with insufficient land dimensions decides to build on or sell these lots, they must first be combined to comply with the area, yard, and setback requirements of Table 2.

Nonconforming uses, buildings, or structures are declared by this appendix to be incompatible with permitted uses in the districts in which they are located.

However, to avoid undue hardship, the lawful use of any such uses, buildings, or structures at the time of the enactment, amendment, or revision of this appendix may be continued even though such structures do not conform with the provisions of this appendix; however, said nonconforming uses, buildings, structures or portions thereof shall not be:

(1)

Changed to another nonconforming use which would not otherwise be permitted in the same zoning district in which the existing nonconforming use is permitted. However, the board of zoning appeals may grant a special exception to change a nonconforming to another nonconforming use not otherwise permitted in the same zoning district, provided the new nonconforming use will have less of an adverse impact and will be more compatible with surrounding property than the current or previous nonconforming use.

(2)

Repaired, rebuilt, or altered after damage exceeding 75 percent of its replacement cost at the time of destruction. Reconstruction is to begin within six months after damage is incurred. Structures with less than 75 percent damage may be repaired or rebuilt provided said repair or alteration does not increase the nonconformity of side, rear, or front yard setbacks or other applicable requirements or reduce the amount of off-street parking below the amount provided prior to such damage. The provision of this sub-section shall not apply to any residential unit, which unit may be reestablished, irrespective of the amount of damage.

(3)

Enlarged or extended by more than ten percent of the gross floor area. Where such enlargement to a nonconforming building is proposed, it shall be allowed, but only if all applicable setbacks, buffer area, and off-street parking requirements are met. Enlargements or extensions greater than ten percent shall be referred to the board of zoning appeals for a variance.

(4)

Reused, reestablished, reoccupied, or replaced after discontinuance, physical removal, or relocation of the use or structure from its original location for a period of one year (365 days).

(5)

Nothing in this section shall prevent the strengthening or alteration to a safe condition of all or part of a building or structure that is a nonconforming use, provided that the repair or alteration will not increase the height, size, or volume of the building or structure, except as provided by subsection (3) above.

8-2.1. Change of ownership of non-conforming uses.

Non-conforming uses may continue with the change of ownership of the property under the conditions of section 8-2 above.

8-2.2. Nonconforming signage.

(a)

The lawful use of any permanently mounted sign existing at the time of the enactment of this appendix may be continued although such use does not conform with the provisions of this appendix; however, those declared abandoned or dilapidated shall be removed, or else remedial action shall be taken upon notification by the planning official.

(b)

Any existing sign that is subsequently abandoned shall be removed, and any existing sign exceeding the allowable face area by 25 percent, and that is subsequently destroyed or damaged to the extent of 50 percent or more of its replacement cost, shall be removed or brought into conformity with these regulations.

(c)

Any existing nonconforming temporary sign shall be removed within 90 days of enactment of this appendix.

8-2.3. Nonconforming mobile homes.

No new mobile homes shall be permitted within the town incorporated limits. Existing mobile homes shall be permitted until they are removed.

New/replacement mobile homes may be allowed under the following exception provisions:

(1)

The mobile homeowner owns the land on which the mobile is located before the adoption of this subsection. The property must be in the person's name reflected in the deed, not as part of et al and specifically listed in survivorship.

(2)

The mobile home is the owner's primary residence.

(3)

The purchased mobile home must be ten years or less than the current calendar year (i.e. 2012 mobile home purchased in 2022).

(4)

The mobile home must meet the town's latest zoning and land development standards, including:

a.

Installed per HUD's foundation requirements and the following:

1.

The foundation piers shall bear upon reinforced poured concrete footings that are constructed below the frost line;

2.

Piers shall be constructed of reinforced concrete, masonry, or steel;

3.

A permanent perimeter wall (skirting) shall enclose the foundation to keep out vermin and water. This wall shall be self-supporting and shall rest on a concrete footing. An access opening must be constructed in this perimeter wall. The perimeter wall shall be constructed of masonry (clay, cement, or stone) block or brick. If cement or cement block or brick is used, it shall be painted or rendered with stucco. A completely enclosed masonry foundation must meet the latest IBC [building code standards];

4.

The home shall have adequate tie downs anchored to the footings to resist horizontal overturning, transverse and longitudinal loads; and

5.

The dirt floor of the crawl space shall be covered with a 6-mil polyethylene plastic vapor barrier.

b.

The tongue, axles, and wheels shall be removed.

c.

An adequate number of screened vents shall be installed around the entire perimeter of the building to provide air circulation in the crawl space (one square foot of net free area per 150 square feet of crawl space floor area}:

d.

The perimeter walls shall extend at least eight inches above grade.

e.

The exterior grade must taper away from the home for drainage.

f.

Utilities must be permanently installed.

g.

Firmly anchor stairs, porches, entrance platforms, ramps, etc.

h.

Roof pitched with a minimum of four-inch vertical rise for every 12 inches of horizontal run and consists of roofing shingles.

i.

Roof overhang of not less than eight inches, measured from the vertical side of the structure.

(Ord. No. 22-28, 8-16-2022)