(a)

Within the districts established by this chapter or amendments adopted subsequent thereto, there exist nonconformities to uses, characteristics of use, buildings, structures or lots. It is the intent of this article to provide for the continuation of those nonconformities which were lawful prior to the adoption of the ordinance from which this article is derived, or amendment thereto, but which would be prohibited, regulated or restricted under the terms of this article or any subsequent amendment. It is the intent of this article to allow those nonconformities to continue until they are removed under the terms of this article, but not to encourage their survival. It is further the intent of this article that nonconformities shall not be enlarged upon, expanded, replaced, restored, reconstructed, nor be used as grounds for adding other buildings, structures, or uses prohibited elsewhere in the same zoning district.

(b)

In order to avoid undue hardship on the citizens and residents of the town, nothing in this article shall be deemed to require any change in the plans, construction or designated use of any building or structures on which actual construction was lawfully begun prior to the effective date of the passage of or amendment to the ordinance from which this article is derived and upon which actual building construction has been carried on in a diligent manner. For purposes of this article, the term "actual construction" includes the placing of construction materials in a permanent position and fastened in a permanent manner according to approved plans for the specific improvement pursuant to a valid building permit. Where excavation or demolition or removal of an existing building or structure has been substantially begun, preparatory to rebuilding, such excavation or demolition or removal shall also be deemed to be actual construction; provided, however, that work has been and shall be carried on diligently pursuant to a valid building permit. In no event shall the time of such construction, excavation, demolition, or removal exceed a period of one year beyond the passage of the ordinance from which this article is derived without the express approval of the town council.

(Code 1980, § 19-11(A); Code 1995, § 86-116)

(a)

Where a lot of record exists which was platted or otherwise legally created and approved by the town and officially recorded in the office of the clerk of the county circuit court prior to the time of adoption of the ordinance from which this article is derived or amendment thereto, which lot does not conform to the lot area or dimension requirements for the zoning district in which it is located, the lot may be used for any permitted use in the specific zoning district provided all other requirements and regulations of this article are met.

(b)

The subdivision of any land, lot, or parcel which creates a lot area or dimension which does not meet the minimum standards set forth by this article is hereby expressly prohibited.

(Code 1980, § 19-11(E); Code 1995, § 86-117)

For reference on those signs which are rendered nonconforming by the adoption of the ordinance from which this article is derived, see chapter 113 providing for signs or sign regulations.

(Code 1980, § 19-11(F); Code 1995, § 86-118)

(a)

The amortization of nonconformities shall apply only to nonconforming uses, buildings or structures or combinations thereof. Nonconforming characteristics of use and nonconforming lots, either of which were lawful prior to the adoption of the ordinance from which this article is derived, or amendment thereto, shall be allowed to continue, provided that the use, building, or structure, or combination thereof remains otherwise lawful.

(b)

Those uses, buildings, structures or any combination thereof which is rendered nonconforming under the provisions of this article shall, upon formal notice by certified mail from the town building official to the property or building owner of such nonconformity, is removed or terminated, or otherwise converted to a conforming use, building, structure, or component of use, which complies with all the provisions and regulations of the zoning district within which it is located in accordance with the amortization schedule provided for in this section.

(c)

The following amortization schedule shall be followed in the removal or termination of nonconformities:

(d)

Assessed valuation shall be determined as of the date the specific or individual improvement becomes nonconforming. On or before the date of removal or termination of the nonconformity, the improvement, building, structure, use, or characteristic of use, shall be removed or made to conform. For assessed valuation of less than $1,000.00, the one-year allowance as stated in this subsection, shall commence from the date of official notice from the building official, thereby providing the property owner with the one full year time allowance. For assessed valuations greater than $1,000.00, the building official shall provide the property owner, by certified mail, a final official notice of termination one full year prior to the date of termination as set forth in the amortization schedule. The town council shall have the power and authority to require such removal if the owner fails to comply within the time prescribed. The town council may have the removal accomplished, and the cost thereof shall be a charge and lien against such property, which charge and lien shall be forthwith due and payable with interest thereon at a rate to be determined by the town council at the time of removal which is consistent with state law and general interest.

(Code 1980, § 19-11(G); Code 1995, § 86-119)

Any nonconformity, which is created as a result of annexation of lands into the town, shall be amortized in accordance with the amortization schedule provided for in section 125-131. Such amortization shall commence at the date of annexation.

(Code 1980, § 19-11(H); Code 1995, § 86-120)

Nonconforming uses are declared by this chapter to be incompatible to, and inconsistent with the permitted uses set forth within any particular zoning district. Although such uses do not conform to the provisions of this chapter or the particular zoning district within which the use may be located, such uses may continue subject to the limitations and restrictions in this division.

(Code 1980, § 19-11(B); Code 1995, § 86-131)

A change from a nonconforming use to another nonconforming use which is not a continuation of the original nonconforming use which existed at the effective date of this Code, is hereby prohibited.

(Code 1980, § 19-11(B)(1); Code 1995, § 86-132)

A change in the volume or intensity of the use which existed at the effective date of this Code is hereby prohibited.

(Code 1980, § 19-11(B)(2); Code 1995, § 86-133)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot, parcel, or site which was occupied by such use on the effective date of this Code.

(Code 1995, § 86-13; Code 1995, § 86-134)

All rights and obligations associated with a nonconforming use of land run with the land and are not personal to the present owner or tenant of the nonconforming use and are not affected by a change in ownership or tenancy.

(Code 1980, § 19-11(B)(4); Code 1995, § 86-135)

Uses accessory to a nonconforming use in existence on the date of adoption of this Code are permitted; provided, however, that they remain otherwise lawful. Accessory or incidental uses to a nonconforming use not in existence on the date of adoption of this Code, are hereby prohibited. Only uses which are accessory or incidental to permitted uses in the zoning district within which the permitted use is located are allowed under the terms of this chapter.

(Code 1980, § 19-11(B)(5); Code 1995, § 86-136)

A nonconforming use shall not be increased, extended, or enlarged to occupy a greater area of land than was occupied on the adoption date of this Code or in any manner which increases its noncompliance with the use regulations of this chapter, unless such nonconforming use is changed to a use permitted in the zoning district within which such use is located and complies with all other regulations of the zoning district. An increase, extension, or enlargement as specified in this section, shall be deemed to be an expansion of any impervious ground surface of any building or structure, or any roof or roof-like structure, which includes, but is not limited to, a canopy, carport, overhang, awning, or similar type structure.

(Code 1980, § 19-11(B)(6); Code 1995, § 86-137)

Routine repairs and maintenance of buildings and structures, which house or contain nonconforming uses, necessary to maintain health and safety may be permitted. Such repairs and maintenance shall include only the following: electrical fixtures and wiring, plumbing and plumbing fixtures, windows, roofs, and interior nonbearing walls. All work performed shall be accomplished through the issuance of a valid building permit.

(Code 1980, § 19-11(B)(7); Code 1995, § 86-138)

Additions to or expansions of facilities within or which house a nonconforming use shall not be permitted.

(Code 1980, § 19-11(B)(8); Code 1995, § 86-139)

If any existing nonconforming use, as provided for in this division, is damaged by any means, including, but not limited to, fire, flood, wind, explosion, act of God, or act of a public enemy, to an extent of 50 percent or more of the replacement or restoration value of the use at such time of destruction, or to an extent of more than 50 percent of the square footage of the physical structure within which such nonconforming use is located, whichever is greater, such use shall not be replaced nor shall such structure be reconstructed unless both are brought into full compliance with the provisions of this chapter.

(Code 1980, § 19-11(B)(9); Code 1995, § 86-140)

No new services or activities shall be permitted in an existing nonconforming use as provided for in this division.

(Code 1980, § 19-11(B)(10); Code 1995, § 86-141)

The abandonment or discontinuance of a nonconforming use for a period of time which exceeds 30 calendar days shall immediately render the nonconforming use status of the specific nonconforming use null and void. The continuance of the use after the period is specifically prohibited, and any subsequent use shall fully conform to the regulations specified by this chapter for the district in which such use is located.

(Code 1980, § 19-11(B)(11); Code 1995, § 86-142)

Nonconforming buildings and structures are declared by this chapter as those which are existing at the time of the passage of this Code, or amendment thereto, which do not conform to the regulations of area, height, lot coverage, or other like requirements of the district in which such building or structure is located. Although such buildings or structures do not conform to the provisions of this chapter or the particular zoning district within which the building or structure may be located, such buildings or structures may continue, subject to the limitations and restrictions in this division.

(Code 1980, § 19-11(C); Code 1995, § 86-156)

A nonconforming building or structure shall not be increased, extended, expanded, or enlarged to occupy a greater land area than was occupied on the adoption date of this Code or in any manner which increases its noncompliance with the property development regulation of this chapter, unless such nonconforming building or structure is brought into full compliance with all other property development regulations of the zoning district. An increase, extension, expansion, or enlargement as specified in this section, shall be deemed to be an expansion of any impervious ground surface of any building or structure, or any roof or roof-like structure, which includes, but is not limited to, a canopy, carport, overhang, awning, or similar type of structure.

(Code 1980, § 19-11(C)(1); Code 1995, § 86-157)

If any existing nonconforming building or structure, as provided for in this division, is damaged by any means, including, but not limited to, fire, flood, wind, explosion, act of God, or act of a public enemy, to an extent of 50 percent or more of the replacement, restoration, or reconstruction value of the building or structure, or 50 percent of the square footage of the physical building or structure which is nonconforming, whichever is greater, the building or structure shall not be replaced, restored, or reconstructed unless it is brought into full compliance with the provisions of this chapter. Any building or structure which remains damaged or in disrepair, regardless of the percentage of construction (or damage) value or area of square footage which is damaged, for a period of three months following the date of damage without the issuance of a valid building permit, shall not be replaced, restored, or reconstructed unless it is brought into full compliance with the provisions of this chapter.

(Code 1980, § 19-11(C)(2); Code 1995, § 86-158)

Routine repairs and maintenance of nonconforming buildings and structures necessary to maintain health and safety may be permitted. Such repairs and maintenance shall include only the following: electrical fixtures and wiring, plumbing and plumbing fixtures, windows, roofs, and interior nonbearing walls. All work performed shall be accomplished through the issuance of a valid building permit.

(Code 1980, § 19-11(C)(3); Code 1995, § 86-159)

Should any nonconforming building or structure be moved for any reason for any distance whatever from its original location such nonconforming building shall be required to fully conform to the property development regulations for the zoning district in which it is located after it is moved.

(Code 1980, § 19-11(C)(4); Code 1995, § 86-160)

The abandonment or discontinuance of a nonconforming building or structure for a period of time which exceeds 180 calendar days will immediately render the nonconforming status null and void. The existence or continuance of use of such building or structure after such period is specifically prohibited, and any subsequent use of such building or structure shall fully conform to the regulations specified by this chapter for the district in which such building or structure is located.

(Code 1980, § 19-11(C)(5); Code 1995, § 86-161)

Components of use include, but are not limited to, off-street parking, off-street loading, and landscape requirements which are synonymous with and part of the nonconforming classification of such uses, buildings, and structures which were legally permitted and existing at the time of passage and adoption of the ordinance from which this division is derived, or amendments thereto, although such components of use do not conform to the provisions and development regulations of this division.

(Code 1980, § 19-11(D); Code 1995, § 86-171)

A nonconforming component of use shall not be increased, extended, expanded, or enlarged to occupy a greater land area than was occupied on the adoption date of this Code or in any manner which increases its noncompliance with the property development regulation of this chapter, unless such nonconforming component of use is brought into full compliance with all other property development regulations of the zoning district.

(Code 1980, § 19-11(D)(1); Code 1995, § 86-172)

If any existing nonconforming component of use, as provided for in this division, is damaged by any means, including, but not limited to, fire, flood, wind, explosion, act of God, or act of a public enemy, to an extent of 50 percent or more of the replacement, restoration, or reconstruction value of the component of use, or 50 percent of the square footage of the physical area comprising such component of use which is nonconforming, the component of use shall not be replaced, restored, or reconstructed unless it is brought into full compliance with the provisions of this chapter. Any nonconforming component of use which remains damaged or in disrepair, regardless of the percentage of construction (or damage) values or area of square footage which is damaged, for a period of three months following the date of damage without the issuance of a valid building permit, shall not be replaced, restored, or reconstructed unless it is brought into full compliance with the provisions of this chapter.

(Code 1980, § 19-11(D)(2); Code 1995, § 86-173)

Routine repairs and maintenance of nonconforming components of use necessary to maintain health and safety may be permitted. The repairs and maintenance shall include such activities as resurfacing of parking lots, driveways, etc., replacement of damaged or destroyed landscape materials. The cost of the repairs and maintenance shall not exceed 50 percent of the assessed value of the specific component of use which is to be repaired or maintained. The assessed value shall be that which is current at the time of the repair or maintenance and shall not include any land value assessments. All work performed shall be accomplished through the issuance of a valid building permit.

(Code 1980, § 19-11(D)(3); Code 1995, § 86-174)