This chapter regulates the continued existence of nonconforming uses and noncomplying structures, as defined in section 10-2-1 of this title. While nonconforming uses, noncomplying structures and improvements may continue, this chapter is intended to limit enlargement, alteration, restoration or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this title. In addition, applications are reviewed to ensure that they are reducing the degree of nonconformity and improving the physical appearance of the structure and site through such measures as landscaping, building design, or the improved function of the use in relation to other uses. (Ord. 04-2017, 4-6-2017)

   A.   Burden On Owner To Establish Legality: The owner bears the burden of establishing that any nonconforming use or noncomplying structure lawfully exists.

   B.   Determination Of Status: The planning and zoning commission shall hear and make recommendation to the town council regarding the nonconforming status. The town council shall determine the nonconforming or noncomplying status of properties. (Ord. 04-2017, 4-6-2017)

   A.   Nonconforming Use: A lawful nonconforming use may continue subject to the standards and limitations of this chapter.

   B.   Noncomplying Structure: A noncomplying structure that was lawfully constructed prior to a contrary change in this title, may be used and maintained, subject to the standards and limitations of this chapter. (Ord. 04-2017, 4-6-2017)

   A.   Abandonment Of Nonconforming Use: A nonconforming use that is discontinued for a continuous period of six (6) months is presumed abandoned and shall not thereafter be reestablished or resumed. Any subsequent use of the building, structure or land must conform to the regulations for the zoning district in which it is located.

   B.   Rebuttable Presumption Of Abandonment: The presumption of abandonment may be rebutted upon showing that during such period:

      1.   Any period of discontinued use was caused by governmental actions or an act of God without any contributing fault by the owner and the owner did not intend to discontinue the use; or

      2.   The owner can demonstrate no abandonment of the use. (Ord. 04-2017, 4-6-2017)

No nonconforming use may be moved, enlarged, altered or occupy additional land, except as provided in this section:

   A.   Enlargement: A nonconforming use may not be enlarged, expanded or extended to occupy all or a part of another structure or site that it did not occupy on the date on which the use became nonconforming. A nonconforming use may be extended through the same building or structure, provided no structural alteration of the building or structure is proposed or made for the purpose of the extension and the parking demand is not increased.

   B.   Exterior, Interior Remodeling Or Improvements To Building, Structure: Exterior or interior remodeling or improvements to a structure containing a nonconforming use shall be allowed, provided there is no expansion of the area of the nonconforming use.

   C.   Relocation Of Building Or Structure: A building or structure containing a nonconforming use may not be moved unless the use shall thereafter conform to the regulations of the zoning district into which the building or structure is moved.

   D.   Change In Nonconforming Use To Another Nonconforming Use Or Conforming Use: Except as provided in section 10-6-6 of this chapter, no nonconforming use may be changed to another nonconforming use. Whenever any nonconforming use is changed to a conforming use, such use shall not later be changed to any nonconforming use.

      1.   Application: Application for any nonconforming use must be made upon forms provided by the town clerk. Upon filing of a complete application, the town shall post the property indicating that an application for modification of a nonconforming use has been filed and that more detailed information may be obtained from the town.

      2.   Notification Of Abutting Property Owners: Notice shall be provided pursuant to the notice requirements of section 10-3-5 of this title.

      3.   Town Council Meeting: Within thirty (30) working days of the receipt of a complete application, and after giving public notice, the town council shall hold a public meeting on the nonconforming use application. The town council shall either grant the application in whole or in part, with or without modifications or conditions, or deny the application. The town council decision shall be made pursuant to criteria provided in subsection D4 of this section.

      4.   Criteria: The town council shall approve an application to change a nonconforming use to another nonconforming use if the applicant proves the following criteria:

         a.   All reasonable measures will be undertaken to alleviate or reduce the incompatibility or adverse effects of the nonconforming use or building upon abutting properties or in the neighborhood;

         b.   All changes, additions or expansions comply with all current laws, except as to use;

         c.   The new use, if applicable, will provide for enclosed storage of necessary equipment, materials and refuse, rather than create a need for additional outside storage; and

         d.   The new use does not increase the parking requirement; or if there is an increase, the site plan meets the parking requirement and the town council finds that adjoining properties and the neighborhood will not be adversely impacted by the increased parking demand. (Ord. 04-2017, 4-6-2017)

No noncomplying structure may be moved, enlarged or altered, except in the manner provided in this chapter or unless required by law.

   A.   Repair, Maintenance, Alteration And Enlargement: Any noncomplying structure may be repaired, maintained, altered or enlarged; provided, that such repair, maintenance, alteration or enlargement shall neither create any new noncompliance nor shall increase the degree of the existing noncompliance of all or any part if such structure.

   B.   Moving: A noncomplying structure shall not be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zone in which it will be located. (Ord. 04-2017, 4-6-2017)

The owner may complete normal maintenance and incidental repair on a complying structure that contains a nonconforming use or on a noncomplying structure. This chapter shall not be construed to authorize any violations of law nor to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of the building official who declares such structure to be unsafe and orders its restoration to a safe condition. (Ord. 04-2017, 4-6-2017)