A single-family dwelling may be developed on a nonconforming lot of record in an A-80, B-40, C-35, D-25, E-12, F-15 and G-35 District, provided that:

A.

The lot is at least 100 feet wide and has an area of at least 12,500 square feet; and

B.

The lot is not owned in common ownership with any land contiguous to the lot, which, if considered to be a part of the nonconforming lot of record, would cause the lot to be conforming.

(Ord. No. 349, § 5, 12-16-14)

Entrance features and/or gates which are not in compliance with these land development regulations but were lawfully existing on March 14, 2001 may be continued and maintained or repaired notwithstanding such nonconformity.

A nonconforming dock or dune crossover shall be considered a "building," subject to the provisions of section 2.02, below. However, if the nonconforming dock or dune crossover is nonconforming due to location, the property owner may apply for a variance from the board of adjustment to make the dock or dune crossover "conforming" in accordance with section 2.02(D) below.

(Ord. No. 401, § 16, 12-6-24)

A.

Continuation. Any building which was lawfully in existence on the effective date of these land development regulations, or any amendment thereto, which is made nonconforming by the adoption of these land development regulations or any such amendment thereto, may be continued and maintained or repaired not withstanding such nonconformity.

B.

Extension or expansion. No nonconforming building shall be enlarged, increased, expanded or altered in any way unless such enlargement, increase, expansion or alteration complies with each requirement of these Land Development Regulations.

C.

Replacement. In the event part or all of a nonconforming building is destroyed or made structurally unsound by fire, casualty, or other Act of God (which shall include, but not be limited to, wood eating organisms, degraded concrete, or similar factor not within the control of the property owner) to the point where repair is impracticable, the building may be reconstructed or replaced if approved by the board of adjustment using section 2.02(D) below.

D.

The board of adjustment may approve a variance for the replacement of a destroyed nonconforming building, dock, or dune crossover, provided the applicant demonstrates that all of the standards below are met:

1.

All or a material part of the nonconforming building has been destroyed by fire, casualty, or an Act of God; and

2.

The building will be replaced with a building that is located in either:

a.

The same location as the destroyed building, and is designed and configured such that the extent of the prior nonconformity is not increased; or

b.

A different location than the building to be replaced, and is designed and configured such that the replacement building does not have a greater apparent mass when viewed from public rights-of-way or neighboring properties; and:

(1)

The totality of nonconformities of the building to be replaced is reduced by the replacement building, and if an individual nonconformity is increased, the increase is not material; or

(2)

The totality of nonconformities of the replacement building is unchanged and the building official determines that there will be a material safety benefit realized by the relocation of the building; and

(3)

Is of the character and architectural style of the building that previously existed, unless such character or architectural styles are impracticable due to state or federal regulations; and

(4)

The building official determines that the replacement building complies with these land development regulations to the maximum extent possible; and

(5)

The replacement building contains no more floor area than the building to be replaced; and

(6)

The application for approval has been submitted to the town within three years of the date on which the destruction occurred.

(Ord. No. 401, § 16, 12-6-24)

All signs lawfully erected within the town on or prior to September 30, 1995, that are no longer permitted may be continued in their present location, except as follows:

A.

No nonconforming sign may be enlarged or altered in any way unless it is brought into conformity with article VI.

B.

If a nonconforming sign is destroyed by any means, so that 60 percent or less of the sign remains at the time of destruction, it shall not be reconstructed except in conformity with article VI.

C.

If any nonconforming sign is removed for any reason, other than maintenance or name change of occupant, then the sign must be brought into conformity with article VI.

D.

If an owner of property on which a nonconforming sign is located sells, conveys or otherwise transfers such property, the nonconforming sign shall be removed as of the date of the transfer of title.

A.

Continuation. Any use which was lawfully in existence on the effective date of these land development regulations, or any amendment thereto, which is made nonconforming by the adoption of these land development regulations or any such amendment thereto, may be continued and maintained notwithstanding such nonconformity.

B.

Extension or expansion. A nonconforming use shall not be enlarged, increased, intensified, or expanded to occupy a greater floor or land area than it occupied on the effective date of these land development regulations or an amendment thereto, which adoption or amendment rendered the use nonconforming.

C.

Conversion. The board of adjustment may approve a variance for the conversion of a nonconforming use to another nonconforming use with fewer external impacts. if an applicant demonstrates:

1.

The existing nonconforming use has not been terminated by discontinuance or destruction; and

2.

The proposed use is more compatible with the predominant character of the uses in the zoning district than the existing nonconforming use; and

3.

The proposed use will have no greater adverse effect on the surrounding lots than the existing nonconforming use, in that:

a.

It will generate the same or lower level of traffic; and

b.

It will have no impact or a positive impact on surrounding property values; and

c.

It involves the same or lower level of dust, noise, or odors; and

d.

If the existing nonconforming use also includes a nonconforming sign, the nonconforming sign shall be removed.

D.

Termination.

1.

By discontinuance. If a nonconforming use is discontinued for a period of six consecutive months, the nonconforming use shall not be resumed or re-established, and any subsequent use of the land or structure shall conform to every requirement of these land development regulations.

2.

By destruction or partial destruction. In the event that 50 percent or more of the existing floor area of a building occupied by a nonconforming use is destroyed by fire or other casualty, Act of God, or by the acts of the owner or any lessee, agent or representative of the owner thereof, the nonconforming use shall be deemed terminated and shall not be resumed or re-established, and any subsequent use of the land or structure shall conform to each and every requirement of these land development regulations.

(Ord. No. 401, § 17, 12-6-24)