(a)

These provisions provide for the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals and policies of the general plan. This chapter is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable and timely manner.

(b)

It is hereby declared that nonconforming structures and uses within the town are detrimental to both orderly and creative development, and the general welfare of citizens and property.

A structure which lawfully existed prior to the effective date of this zoning chapter is a legal nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the land use district in which it is located. A legal nonconforming structure may be maintained as follows:

(1)

A legal nonconforming structure which is damaged to an extent of one-half or more of its replacement cost immediately prior to such damage may be restored only if made to conform to all provisions of this zoning chapter. However, any residential structure, including multifamily in a residential land use district destroyed by a catastrophe, including fire, may be reconstructed up to the original size, placement, and density. However, reconstruction shall commence within one year after the catastrophe.

(2)

Necessary repairs and desired alterations may be made to a legal nonconforming residential structure, including multifamily, located in a residential land use district.

(3)

Reasonable repairs and alterations may be made to legal nonconforming commercial, institutional, or industrial structures, provided that no structural alterations shall be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the building inspector determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property and the cost does not exceed one-half of the replacement cost of the legal nonconforming structure.

(4)

Changes to interior partitions or other nonstructural improvements and repairs may be made to a legal nonconforming structure over any consecutive five-year period.

(5)

The replacement cost shall be determined by the building inspector.

(6)

Any additional development of a parcel with a legal nonconforming structure will require that all new structures be in conformance with the zoning chapter.

(7)

If the use of a nonconforming structure is discontinued for a period of one year of more consecutive calendar months, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the provisions of this zoning chapter. A use of a legal nonconforming structure shall be considered discontinued when any of the following apply:

a.

The intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the building inspector;

b.

Where characteristic furnishing and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued for a period of one year or more consecutive calendar months; or

c.

Where there are no business receipts available for a one-year period.

A nonconforming use is one which lawfully existed prior to the effective date of the ordinance from which this chapter is derived, but which is no longer permitted in the land use district in which is located. The continuance of a legal nonconforming use is subject to the following:

(1)

Change of ownership, tenancy, or management of a nonconforming use shall not affect its legal nonconforming status, provided that the use and intensity of use does not change.

(2)

If a nonconforming use is discontinued for a period of one year of more consecutive calendar months, it shall lose its legal nonconforming status, and the continued use of the property shall be required to conform with the provisions of this zoning chapter.

(3)

Additional development of any property on which a legal nonconforming use exists shall require that all new uses conform to the provisions of the zoning chapter.

(4)

If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed.

(5)

No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed, except as provided in subsections (6) and (7) of this section.

(6)

A nonconforming use of a portion of a nonconforming commercial or industrial center or complex may be established or be replaced by another similar nonconforming use subject to the granting of a development permit after a noticed public hearing, and if all of the following findings are made:

a.

That the nonconforming use is similar to the uses originally allowed in the center or complex;

b.

That the nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and

c.

That the use of the entire center or complex has not been vacant or discontinued for a period of one year or more calendar months.

(7)

An existing legal nonconforming use or legal nonconforming building may be minimally expanded or changed subject to the granting of a development permit after a noticed public hearing and if all of the following findings are made:

a.

That such expansion or change is minimal;

b.

That such expansion or change will not adversely affect or be materially detrimental to adjoining properties;

c.

That there is a need for relief or overcrowded conditions or for modernization in order to properly operate the use; and

d.

That the use is existing and has been discontinued for a period of one year or more calendar months.