(a)

Determination of nonconformance. The burden of establishing that a nonconforming use, lot, sign, or structure lawfully exists under this Land Use Code shall, in all cases, be the owner's and not the Town's. The use of land, use of a structure, lot, sign, or structure shall be deemed to have a nonconforming status when each of the following conditions is satisfied:

(1)

The use, lot, sign, or structure does not conform to the regulations prescribed in the district in which such use, lot, sign, or structure is located and was in existence and lawfully constructed, located and operating prior to, and at the time of, the event that made such use or structure nonconforming.

(2)

The event that made such use, lot, sign, or structure nonconforming was one of the following:

a.

Annexation into the Town;

b.

Adoption of this Land Use Code or a previous zoning ordinance; or

c.

Amendment of this Land Use Code or a previous zoning ordinance.

(3)

The nonconforming use, lot, sign, or structure has been operating since the time that it first became nonconforming without abandonment, as defined in Subsection (e) below.

(b)

Exceptions.

(1)

Sections 16-15-2(b).1, Expansions; 16-15-2(c), Ordinary Repair and Maintenance; 16-15-3, Abandonment, and 16-15-4, Destruction shall not apply to existing single-family residences, religious assembly, or day care centers that are located in the CMU, Corridor Mixed-Use on or before May 30, 2014.

(2)

Temporary uses and structures are not eligible for nonconforming status.

(c)

Signs. Nonconforming signs are regulated in Article 13, Signs.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

(a)

Nonconforming uses.

(1)

Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter be changed back to a nonconforming use.

(2)

A change from one nonconforming use to another nonconforming use may be made by securing a zoning development permit, provided that such change is to a permitted use in a more restrictive zoning district classification.

a.

For the purpose of interpreting these provisions, the zoning districts shall be considered to be arranged in a hierarchy as they are listed in Section 16-3-1, from the most restrictive SFR, single-family residential district to the least restrictive LI, light industrial district.

b.

The P and PUD districts shall not be considered part of the hierarchy. In addition, for the purpose of interpreting this paragraph, a use that is authorized in a district with a special use permit shall not be considered a permitted use in such district.

(3)

Any nonconforming use may be extended throughout any existing parts of a building that existed at the time of adoption or amendment of this Code, but no such use shall be extended to occupy any land outside the building.

(b)

Nonconforming structures.

(1)

Expansion. No nonconforming structure may be expanded or increased, except under the following circumstances:

a.

Structures not in compliance with this Land Use Code may be enlarged or altered as long as the expansion does not result in an increase in the usable square footage and the expansion is such that it does not detract from the requirements of the zone in which the nonconforming use exists.

b.

The Town may require such landscaping or design standards it deems appropriate to prevent detraction from the zone that the nonconforming use is in as a condition of granting the expansion.

c.

Setback special exceptions may be granted for nonconforming structures in accordance with the provisions of Article 19, Zoning and Subdivision Procedures.

(2)

Change of use in a nonconforming structure. Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a zoning development permit.

(c)

Ordinary repair and maintenance.

(1)

Normal maintenance and incidental repair may be performed on a conforming structure that contains a nonconforming use or on a nonconforming structure.

(2)

This Subsection shall not be construed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of the Building Official who declares a structure to be unsafe and orders its restoration to a safe condition.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

(a)

Effect. Whenever a nonconforming use or a conforming use in a nonconforming structure is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth conform to this Land Use Code.

(b)

Determination.

(1)

Abandonment shall involve the actual act of discontinuance, regardless of the intent of the user or owner to discontinue a nonconforming operation.

(2)

Any nonconforming use or structure that is discontinued for or that remains vacant for a period of twelve (12) months shall be considered to have been abandoned.

(3)

Any nonconforming use that is moved from the premises shall be considered to have been abandoned; provided, however, that this provision shall not be interpreted to prevent the replacement of a mobile home on a pad in a nonconforming mobile home park. In such cases, the mobile home park shall be considered to be the nonconforming use and not the individual mobile home pad site.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Effect. If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this Land Use Code.

(b)

Partial destruction. In the case of partial destruction of a structure occupied by a nonconforming use not exceeding sixty percent (60%) of its replacement value, reconstruction may be permitted, provided that:

(1)

The size and function of the nonconforming use shall not be expanded; and

(2)

Work on the restoration of the use must begin within three (3) months and be completed within twelve (12) months of the time of the calamity.

(Ord. No. 751, § 1, 11-13-2019)

(a)

General. A single-family dwelling and customary accessory buildings may be developed on a lot that has less area than the minimum required by the underlying zone district and was an official "lot of record" prior to the adoption of the Town's original zoning ordinance, adopted with Ordinance No. 382, 1978, if the lot of record is in separate ownership or contiguous to lots in the same ownership:

(1)

The proposed single-family dwelling can be located on the lot so that the yard, height, and other dimensional requirements of the underlying zone district can be met; or

(2)

Either a variance or a special exception is obtained pursuant to Article 19.

(b)

Lot reduction.

(1)

No lot or interest therein shall be transferred, conveyed, sold, or subdivided so as to create a new nonconforming lot, to avoid, circumvent, or subvert any provision of this Land Use Code or to leave remaining any lot in violation of the dimensional requirements of this Land Use Code.

(2)

No lot or portion of a lot required as a building site under this Land Use Code shall be used as a portion of a lot required as a site for another structure.

(3)

No building permit shall be issued for any lot or parcel of land that has been conveyed, sold or subdivided in violation of this Section. Any transferee who acquires a lot in violation of this Section without knowledge of such violation, and any subsequent transferee, shall have the right pursuant to state law to rescind and/or receive damages from any transferor who violates the provisions of this paragraph.

(c)

Lot consolidation. If a land owner is the owner of one (1) or more lots that are nonconforming because of lot size, they will be consolidated under this Subsection upon the following circumstances:

(1)

The lots are sold by the owner (i.e., if a nonconforming lot is sold separately, the Town will not issue any building permits for that lot and those lots that cannot meet the eighty percent (80%) rule [six thousand (6,000) square feet] lot size).

(2)

The owner applies to build on one (1) of the lots, and the distance between the building and the edge of the other lot line is such that it does not meet the standard setback restrictions contained in this Land Use Code. No building permit will be issued until the lots are consolidated.

(3)

The property owner requests a special exception and/or variance which would not be required if the lots were consolidated.

(4)

The party who owns the undersized lots and wishes for the same to be consolidated shall, after following the procedures set forth herein, file with the County Clerk required documents, either by survey or by deed, that show that the lots in question have been consolidated into one (1) lot for record purposes. A copy of the recorded documents must be submitted with the building permit.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)