(a)

Except as otherwise provided in this chapter, the lawful use of a building existing at the effective date of the ordinance from which this chapter is derived may be continued, although such use does not conform to presently existing zoning and building requirements, provided that no structural alterations are necessary or made, other than minor repairs and/or renovations, and the change in form of ownership does not involve any changes in the preexisting use of the building.

(b)

If an existing improvement or structure has its form of ownership changed to condominium or cooperative form of ownership, and such structure or improvement can be accomplished so as to comply with existing zoning and building and other requirements and restrictions provided by law, permit or permits for the contemplated improvements or repairs or renovations shall not be denied merely because of change in the type of ownership of the property.

(c)

If in the change or conversion of the form of ownership to condominium or cooperative form of ownership, and the existing form of ownership is a valid nonconforming use, there shall be no change in the use of the improvements after the conversion than was lawful prior to the conversion; neither shall any unit, part or portion thereof, be eligible for permanent residence and/or homestead privilege or exemption that was not used for permanent residence and/or homestead prior to the conversion in form of ownership.

(d)

Whenever there is any change in the form of ownership to condominium and/or cooperative and/or divided and/or subdivided form of ownership, the legal documents incident to the conversion and establishing the new form of ownership shall be submitted to the board of commissioners, in care of the town clerk incident to application for permit for any further improvements requiring any substantial change in structure, or wherein the improvements applied for do not comply with existing zoning and/or building and/or other lawful requirements.

(e)

No nonconforming use or structure associated with such use shall be expanded to provide more floor area, lot coverage, or increased signage.

(f)

No nonconforming use or structure associated with such use, which has been damaged or destroyed by 50 percent or more of its area or value, shall be reestablished except in conformance with these regulations.

(g)

No unauthorized use or structure associated with such use shall be allowed to be repaired, expanded, or modified until such time as proper authorization of the use has been granted by the town.

(h)

If a nonconforming use of a structure or land ceases to be used or occupied for a period of 12 consecutive months or whenever public or private utilities serving the facility have been disconnected for a period of 12 consecutive months or a business tax receipt for the use has not been issued for a period of 12 consecutive months, use of the structure and land shall thereafter conform to the regulations of the district in which it is located and to the other regulations of this chapter.

(i)

When a lawful nonconforming setback encroachment exists of not more than two inches the mayor may approve a remodel, rebuild or second story addition without a formal variance procedure.

(Code 1985, § 22-266; Ord. No. 2000-534, § I, 3-9-2000; Ord. No. 2000-541, § XVIII, 9-7-2000; Ord. No. 2007-642, § I, 3-8-2007; Ord. No. 2007-646, § V, 6-14-2007)

Editor's note— Ord. No. 2008-664, § I, adopted March 13, 2008, deleted § 98-122, which pertained to density transfer and derived from Code 1985, § 22-267.