Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined in this Article shall have the meaning indicated when used in this Article.

(1)

Dimensional nonconformity means a nonconforming situation that occurs when the height, size or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

(2)

Effective date of the ordinance codified herein. Whenever this Article refers to the effective date of the ordinance codified herein, the reference shall be deemed to include the effective date of any amendments to this Chapter if the amendment, rather than the ordinance codified herein as originally adopted, creates a nonconforming situation.

(3)

Expenditure means a sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.

(4)

Nonconforming sign means a sign that, on the effective date of the ordinance codified herein, does not conform to one (1) or more of the regulations set forth in this Chapter.

(5)

Nonconforming situation means the situation when, on the effective date of the ordinance codified herein, an existing lot or structure or use of an existing lot or structure does not conform to one (1) or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum square footage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this Chapter or because land or buildings are used for purposes made unlawful by this Chapter.

(Ord. 1-96, 1996, § 1; Ord. 1-98, 1998, § 1; Ord. 2017-11, 2017, § 1)

(a)

Unless otherwise specifically provided in this Chapter and subject to the restrictions and qualifications set forth in Sections 16-6-30 and 16-6-80 below, nonconforming situations that were otherwise lawful on the effective date of the ordinance codified herein may be continued.

(b)

Nonconforming projects may be completed only in accordance with the provisions of Section 16-6-80 below.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

(a)

When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except for the required lot minimums, then the lot may be used as proposed. However, no use (e.g., a two-family residence) requiring a lot size greater than the established minimum lot size for a particular zone is permissible on a nonconforming lot.

(b)

When the use proposed for a nonconforming lot is one (1) that is conforming in all respects but the applicable setback requirements, then the Town may allow deviations from the applicable setback requirements if it finds that:

(1)

The property cannot reasonably be developed for the use proposed without such deviations;

(2)

These deviations are necessitated by the size or shape of the nonconforming lot; and

(3)

The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.

(c)

For purposes of Subsection (b) above, compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

(d)

Adjacent nonconforming lots under the same ownership at the date the ordinance codified herein becomes effective may not utilize the provisions of this Subsection, nor may the successors in interest of these lots. The interest of this Section is to require undeveloped nonconforming lots to be combined with adjacent like lots to create conforming lots.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

(a)

Except as specifically provided in this Section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

(1)

An increase in the total amount of space devoted to a nonconforming use; or

(2)

Greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations or density requirements or other requirements such as parking requirements.

(b)

A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this Chapter, was manifestly designed or arranged to accommodate such use. However, subject to Section 16-6-80 below (authorizing the completion of nonconforming projects in certain circumstances), a nonconforming use may not be extended to additional buildings or to land outside the original building.

(c)

A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use involving the removal of natural materials from the lot (e.g., a sand pit) may be expanded to the limits of its existing permit within the lot.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

(a)

Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than fifty percent (50%) of the appraised valuation of the structure to be renovated, may be done only in accordance with a zoning permit issued pursuant to this Chapter.

(b)

If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed fifty percent (50%) of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only in accordance with a zoning permit issued pursuant to this Section.

(c)

For purposes of Subsections (a) and (b) above:

(1)

The cost of renovation, repair or replacement means the fair market value of the materials and services necessary to accomplish such renovation, repair or replacement, as reflected in the plans submitted for a building permit, or other materials supplied by the applicant. The cost of renovation, repair or replacement shall include the total cost of all such intended work, and no person may seek to avoid the intent of Subsection (a) above by doing such work incrementally.

(2)

The appraised valuation means the valuation determined by a professionally recognized property appraiser.

(d)

The Administrator shall issue the zoning permit authorized by this Section if he or she finds that, in completing the renovation, repair or replacement work:

(1)

No violation of Section 16-6-40 above will occur; and

(2)

The permittee will comply to the extent reasonably possible with all provisions of this Chapter applicable to the existing use (except that the permittee shall not lose his or her right to continue a nonconforming use).

Reasonably possible compliance does not include increasing the size of a lot or moving a substantial structure sited on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

A change in use of a nonconforming situation sufficiently substantial to require a new zoning or special use permit may only be made in accordance with Subsections (1) through (3) below:

(1)

If the intended change in use is to a principal use permissible in the district where the property is located, and all other requirements of this Chapter can be met.

(2)

If the intended change in use is to a principal use permissible in the district where the property is located, but not all requirements of this Chapter can reasonably be met, provided that the proposed change does not add additional nonconformity or increase the extent of nonconformity.

(3)

If the intended change in use is to another principal use that is also nonconforming, then the Administrator must find that the proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the current use.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

(a)

When a nonconforming use is discontinued or abandoned for a consecutive period of one (1) year, future uses may be for conforming purposes only.

(b)

The following uses must meet all the requirements of this Chapter except those specific to that particular nonconformity if it cannot be reasonably eliminated. The permit shall specify which nonconformities need not be corrected.

(c)

For the purposes of this Section, all of the buildings, activities and operations maintained on a lot are generally considered as a whole. For example, failing to rent one (1) apartment in a nonconforming apartment building for one (1) year shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained as an apartment building. However, discontinuing an accessory nonconforming use for the required period shall terminate the right to maintain it thereafter.

(d)

When a structure or operation made nonconforming by this Chapter is vacant or discontinued as of the effective date of the ordinance codified herein, the one-year period for purposes of this Section begins to run on the effective date of the ordinance codified herein.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

(a)

Only nonconforming projects which have been legally initiated before the effective date of the ordinance codified herein may be completed in accordance with the terms of their permits, so long as these permits were validly issued and remain unrevoked and unexpired.

(b)

Except as provided in Subsection (a) above, all projects may begin or may be continued only pursuant to a variance, zoning, special use, conditional use or building permit issued in accordance with this Chapter by the Town.

(c)

The Administrator shall send copies of this Section to the persons listed as owners for tax purposes (and developers, if different from the owners) of all properties to which permits have been issued for nonconforming projects or in regard to which a nonconforming project is otherwise known to be in some stage of development. This notice shall be sent by mail not less than fifteen (15) days before the effective date of the ordinance codified herein.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

(a)

On any lot or parcel of property where livestock was kept prior to July 21, 1997, such livestock may continue to be kept by the owner or occupant of such lot or parcel as a use by special review.

(b)

The livestock to be kept on such lot or parcel shall not exceed two (2) large animals (cattle, horses, llamas, mules or other similar sized animals) per acre or four (4) small animals (sheep or goats [hogs shall not be allowed]) per acre.

(c)

The use by special review contemplated by this Section shall be available only to persons, occupants or owners of any lot or parcel who maintained livestock on such lot or parcel prior to July 21, 1997 and who have more than one (1) acre of land on which the animals will be maintained. Upon hearing the request for use by special review, the Board of Trustees may impose such conditions upon the granting of the use by special review as may be appropriate, including a more restrictive limitation on animals, limit the use to a number of years, screening, odor control, insect control and such other restrictions as the Board of Trustees may deem appropriate.

(d)

Any use granted pursuant to this Section, shall be personal to the owner or occupant of any lot or parcel of property, and shall expire upon the sale or transfer of any such lot or parcel.

(e)

When any owner who has maintained livestock or who has allowed livestock to be maintained on any lot or parcel on July 21, 1997, subsequently sells, transfers or conveys, including conveyances by descent or inheritance, then such right to maintain livestock on such lot or parcel shall terminate.

(f)

If the keeping of livestock is at any time interrupted or terminated on any lot or parcel for a period of thirty (30) days, then the right to maintain livestock on such lot or parcel shall be considered abandoned and terminated and any permit granted pursuant to this Section shall expire.

(g)

The requirements of this Section shall apply to all land use districts, except the Agricultural District.

(h)

It is the intent of this Section to reduce the conflict between urban and rural land uses within the Town, and therefore uses described in this Section shall not be expanded to any lot or parcel which was not used for livestock prior to the adoption of the Zoning Code on or about July 21, 1997.

(i)

In the event of confusion or conflict in the interpretation of the ordinance codified herein, it shall not be interpreted to have created a vested right in any property owner and shall be interpreted and construed as an intent to gradually phase out the raising of livestock in the Town within a reasonable time after the adoption of the Zoning Code.

(Ord. 3-97, 1997, § 2; Ord. 97-7, 1997, § 1; Ord. 2017-11, 2017, § 1)