1.

Intent: Within the districts established by this Ordinance or amendments that may be later adopted there exist:

a.

Lots;

b.

Structures;

c.

Uses of Land and Structures; and

d.

Characteristics of Use;

which were lawful before this Ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendment. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Ordinance that non-conformities 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.

Non-conforming uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of a structure and land in combination shall not be extended or enlarged after passage of this Ordinance 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. To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which the actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently, and in a continuous manner.

2.

Non-Conforming Lots of Record: In any district in which single-family dwellings are permitted, 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 to this Ordinance, notwithstanding limitations imposed by other provisions of this Ordinance. 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 requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Adjustment. If two (2) or more lots or combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance, and the parcel shall be divided into lots meeting the requirements of area and width that are generally applicable in the district; however, said property owner may seek a variance for lot area and width, as well as for yard requirements through action of the Board of Adjustment.

3.

Non-Conforming Structures: Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

a.

No such non-conforming structure may be enlarged or altered in any way which increases its non-conformity, but any structure or portion hereof may be altered to decrease its non-conformity.

b.

Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than seventy-five (75) percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.

c.

Should any 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 is moved.

4.

Non-Conforming Use of Structures or of Structures and Premises in Combination: If lawful use involving individual structures, or of structures and premises in combination, exists at the effective date of the adoption or amendment of this Ordinance, that would not be allowed in the district under the terms of this Ordinance, 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 Ordinance 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, except that the Town Council shall have the discretion to allow reasonable alterations for the purpose of allowing the non-conforming use to modernize or redesign when it is deemed that such changes are in the interest of the Town's health, morals, safety and/or welfare.

b.

Any non-conforming 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 Ordinance, but no such use shall be extended to occupy any land outside such building.

c.

Any non-conforming use of a structure, or structure and premises, may not as a special exception be changed to another non-conforming use.

d.

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

e.

When a non-conforming use of a structure, or a structure and premises in combination, is discontinued or abandoned for six (6) consecutive months from the time at which the license for said use expires (except when governmental action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

f.

When the use of a non-conforming structure is ceased due to natural disaster, replacement or reconstruction of such use must begin within six (6) months from the date of disaster and said replacement or construction must remain continuous.

g.

Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this sub-section is defined as damage to an extent of more than seventy-five (75) percent of the replacement cost at the time of the destruction.

If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

Nothing in this Ordinance 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.

5.

Uses Under Special Exception Provisions Not Non-Conforming Uses: Any use which is permitted as a special exception in a district under the terms of this Ordinance shall not be deemed a non-conforming use in such district, but shall without further action be considered a conforming use.

6.

Sale, Lease, etc., of Non-Conforming Uses Not Prohibited: Nothing in this Ordinance shall be construed as preventing or restricting the sale, lease, or transfer of buildings or property constituting a non-conforming use within the meaning of this Ordinance.

(Ord. No. 3-85-399, § 1, 3-5-85; Ord. No. 11-85-414, § 1, 12-3-85; Ord. No. 3-86-420, § 1, 4-1-86)