A.

Within the districts established by this title there exists lots, structures, uses of land and structures, and characteristics of use which were lawful prior to passage of the ordinance codified in this title, but which would be prohibited, regulated, or restricted under the terms of this title. It is the intent of this title to permit these nonconformities to continue until they are removed but not to encourage their survival. Such uses are declared by this title to be incompatible with permitted uses in the districts involved. It is the further intent of this title that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

B.

To avoid undue hardship, nothing in this title shall be deemed to require a change in new construction, or designated use of any building or structure for which a valid permit has been lawfully issued prior to the effective date of adoption or amendment of the ordinance codified in this title. If actual construction has not commenced, or if the building permit has been allowed to expire through nonuse, then all plans, new construction, or designated use shall be in accordance with all the provisions of this title.

(Ord. 104 Art. 7 §1, 1982)

Nonconforming lots of record, lawful at the time of passage of the ordinance codified in this title, may be built upon or used after passage of the ordinance codified in this title upon approval by the town board.

(Ord. 104 Art. 7 §2, 1982)

Existing structures lawful at the time of passage of the ordinance codified in this title but not in compliance with the requirements of this title by reason or restriction on lot area, height, yards, or other characteristics of the structure or its location on the lot, may be continued so long as it remains otherwise lawful subject to the following provisions:

A.

No such structure may be enlarged or altered in any way which increases its nonconformity.

B.

Should such structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at the time of destruction, it shall not be reconstructed.

C.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it was moved.

(Ord. 104 Art. 7 §3, 1982)

Where at the effective date of the adoption of the ordinance codified in this title lawful use of land exists that is made no longer permissible under the terms of this title as enacted or amended, such use may be continued, so long as it remains otherwise lawful subject to the following provisions:

A.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of the adoption or amendment of the ordinance codified in this title.

B.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance codified in this title.

C.

If such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the provisions specified in this title for the district in which the land is located.

D.

No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land.

(Ord. 104 Art. 7 §4, 1982)

If a lawful use of a structure, or of a structure and land in combination exists at the effective date of adoption of the ordinance codified in this title that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use at the structure to a use permitted in the district in which it is located.

B.

Any nonconforming use may be extended throughout any part of a building which was expressly designed for such use at the time of the adoption of the ordinance codified in this title, but no such use shall be extended to occupy land outside such building.

C.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located and the nonconforming use may not thereafter be resumed.

D.

If no structural alterations are made, any nonconforming use of a structure or structure and premises, may, as a special exception be changed to another proposed use equally or more appropriate to the district than the existing nonconforming use.

(Ord. 104 Art. 7 §5, 1982)

A.

On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing to an extent not exceeding fifty percent of the assessed value of the building, provided that the cubic content of the building shall not be increased.

B.

Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting public safety, except that if a building has been condemned it may not be restored under this title.

C.

Nothing in this title shall be deemed to prevent any structural alteration that would reduce the degree of nonconformance or change the use to a conforming use.

(Ord. 104 Art. 7 §6, 1982)

The following uses that are nonconforming to the zone in which they are located are declared to be a public nuisance and detrimental to the health, safety, and welfare of the town. Therefore, the adverse effects of these uses shall be mitigated according to the provisions below:

A.

Junkyards. Junkyards which are located in any zoning district but which at the time of enactment of the ordinance codified in this title are not enclosed by a solid eight-foot fence, either must be removed or enclosed by such fence within six months from the effective date of the ordinance codified in this title.

B.

Signs.

1.

Any sign of a flashing or blinking nature or any illuminated sign where the light source moves or is not of constant intensity shall either be removed or the cause of such fluctuation eliminated within six months from the effective date of the ordinance codified in this title.

2.

Any sign which advertises a discontinued business service, or activity shall be removed within six months of the effective date of the ordinance codified in this title.

(Ord. 104 Art. 7 §7, 1982)