(a)

Within the districts established by this chapter, or amendments that may later be adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.

(b)

It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their continuation. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter 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.

(Code 1966, § 45-87; Ord. No. 4-1973, § I, 3-7-1973; Code 1978, § 32-125)

(a)

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(b)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried in until completion of the building involved.

(Code 1966, § 45-88; Ord. No. 4-1973, § I, 3-7-1973; Code 1978, § 32-126)

(a)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, or yard requirements shall be obtained only through action of the planning and zoning board.

(b)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of such parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements in this chapter.

(c)

A nonconforming lot of record at the time of initial adoption of the regulations governing the CLIC-1 campus light industrial/commercial district which does not conform to the lot area requirements specified in section 78-75(4)a. will be granted a variance therefrom and may be granted variances from other area regulations specified in section 78-75(4), subject to the following criteria:

(1)

That the need for the variance does not result from the actions of the applicant;

(2)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district;

(3)

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant;

(4)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and

(5)

That the granting of the variance will be in harmony with the general intent and purposes of the CLIC-1 zoning regulations and other applicable sections of the town Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(d)

If two or more adjacent lots located in the CLIC-1 campus light industrial commercial district are in single ownership at the time of initial adoption of section 78-75, establishing the CLIC-1 zoning district, and if all or part of the lots do not meet the lot area requirements of section 78-75(4)a., the lands involved shall be considered an undivided parcel and no portion of such parcel shall be used or sold which does not meet lot area requirements established by section 78-75(4), nor shall any division of the parcel be made which leaves remaining any lot with area below the lot area requirements of section 78-75(4). The lot owner shall be required to file in the public record of the county necessary documents effectuating unity of title for purposes of compliance with this undivided parcel requirement.

(e)

A property owner or authorized agent requesting a variance must submit an application to the town with a $250.00 fee to cover administrative costs. The applicant also must provide duplicate address labels for all property owners within a 300-foot radius of the property for which a variance is requested.

(f)

A request for variance hereunder shall be submitted on forms approved by the community development director and such request shall be subject to review and approval by the community development director. Upon receipt of the completed application, the community development director shall provide written notice of the request to all property owners within 300 feet of the parcel. Such property owners shall be invited to submit comments directly to the community development director. The community development director shall render his decision no later than 30 days following receipt of a completed application and such additional information as may be requested by the community development director. An appeal of an adverse decision by the community development director may be made to the planning and zoning board, and such appeal shall be governed by the requirements of this chapter.

(g)

In granting any variance, the community development director or the planning and zoning board may prescribe appropriate conditions and safeguards in harmony with the general intent and purposes of the CLIC-1 zoning regulations and other applicable sections of the town Code. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the town Code.

(Code 1966, § 45-89; Ord. No. 4-1973, § I, 3-7-1973; Ord. No. 15-1995, § I, 8-15-1995; Code 1978, § 32-127)

Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, and where such use involves no individual structure with a replacement cost exceeding $1,000.00, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

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 adoption or amendment of this chapter, unless such use is changed to a use permitted in the district in which such use is located;

(2)

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 this chapter;

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 90 consecutive days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located;

(4)

No additional structure which does not conform to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(Code 1966, § 45-90; Ord. No. 4-1973, § I, 3-7-1973; Code 1978, § 32-128)

Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

(2)

Should such structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, as determined by the community development director, it shall not be reconstructed except in conformity with the provisions of this chapter;

(3)

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

(Code 1966, § 45-91; Ord. No. 4-1973, §§ I, II, 3-7-1973; Code 1978, § 32-129)

(a)

If a lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

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

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(3)

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.

(4)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(5)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction.

(6)

The following schedule shall be followed in terminating nonconforming use of structures or of structures and premises, except for residential uses:

(b)

Nonconformities not involving the use of a principal structure, e.g., open storage, building supplies, vehicle, mobile home, implement and machinery storage, signs, billboards, junkyards, commercial animal yards and the like, shall be discontinued within two years of the effective date of this chapter or amendment.

(Code 1966, § 45-93; Ord. No. 4-1973, § I, 3-7-1973; Code 1978, § 32-130)

(a)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.

(b)

Nothing in this chapter 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 the public safety, upon order of such official.

(Code 1966, § 45-93; Ord. No. 4-1973, § I, 3-7-1973; Code 1978, § 32-131)

The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of this chapter unless it complies with the terms of this chapter.

(Code 1966, § 45-94; Ord. No. 4-1973, § I, 3-7-1973; Code 1978, § 32-132)