Within the districts established by this UDC or amendments thereto, there may exist lots, structures, uses of land and structures, and characteristics of use which were lawfully in existence and operating before this UDC was enacted, amended or otherwise made applicable to such lots, structures or uses, but which do not now conform to the regulations of the district in which they are located. It is the intent of this UDC to permit such nonconforming uses to continue, as long as the conditions within this section and other applicable sections of this UDC are met.

It is further the intent of this UDC that nonconforming uses, lots and structures shall not be enlarged upon, expanded or extended, and shall not be used as a basis for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are hereby declared to be incompatible with the permitted uses in the districts involved.

Except as provided in section 7.9, any use, platted lot or structure that does not conform with the regulations of this UDC on the effective date hereof or any amendment hereto, shall be deemed a nonconforming use, platted lot or structure provided that:

Except as provided in section 7.9 below, any other use, platted lot or structure which does not conform with the regulations of the zoning district in which it is located on the effective date of this Code or any amendment hereto, shall be deemed to be in violation of this UDC, and the Town shall be entitled to enforce fully the terms of this UDC with respect to such use, platted lot or structure.

A nonconforming use or structure may continue to be used, operated or occupied in accordance with the terms of the zoning regulations by which it was established, or in the case of annexed property, in accordance with the regulations under which it was created.

A nonconforming structure occupied by a nonconforming use may be reoccupied by a conforming use, following abandonment of the nonconforming use.

A nonconforming use may be extended throughout the structure in which it is located, provided that:

If a nonconforming use or structure is abandoned, any future use of the premises shall be in conformity with the provisions of this UDC, as amended, and with any other applicable Town codes or ordinances that are in effect at the time the use is resumed or the structure is reoccupied.

A nonconforming use or structure shall be deemed "abandoned" in the following circumstances:

If the use of any lot, tract or property that does not have a building on it and that is used for open/outside storage as of the effective date of this UDC, as amended, is made nonconforming by this UDC, as amended, then such storage use shall cease within one hundred eighty (180) calendar days following the effective date of this UDC, as amended. The lot, tract or property shall be cleaned up and all trash, debris, stored items and vehicles, and other materials shall be removed from the premises such that the property is not a physical or visual nuisance to the public or to surrounding property owners.

A nonconforming use shall not be changed to another nonconforming use.

A nonconforming use may be changed to a conforming use provided that, once such change is made, the use shall not be changed back to a nonconforming use.

A conforming use located in a nonconforming structure may be changed to another conforming use, but shall not be changed to another nonconforming use.

Notwithstanding any of the provisions of this section, a nonconforming HUD-Code manufactured home may be exchanged or replaced by another HUD-Code manufactured home of the same or smaller size in the same location, provided the newly located residential unit is owner-occupied.

If more than fifty (50%) percent of the total appraised value of a nonconforming structure, as determined by the Appraisal District, is destroyed by fire, the elements, or some other cause, then the structure may be rebuilt only in conformity with the standards of this UDC.

If less than fifty (50%) percent of the total appraised value of a nonconforming structure, as determined by the Appraisal District, is destroyed by fire, the elements, or some other cause, then the structure may be reconstructed as it was before the partial destruction but only to its original dimensions and floor area, and provided that such reconstruction is completed within 365 calendar days following the event that caused the partial destruction. If reconstruction is delayed by contested insurance claims, litigation, or some other similar cause, then the 365 calendar day reconstruction period may be extended by the Town Manager, at his/her sole discretion.

If a nonconforming structure that is totally or partially destroyed was occupied by a nonconforming use at the time of such destruction, then the nonconforming use may be re-established subject to the limitations on expansion set forth in section 7.4 above.

Any conforming structure that is totally or partially destroyed shall be reconstructed only in conformity with the standards of this UDC.

Nothing in this UDC shall be construed to prohibit the upgrading, strengthening, repair or maintenance of any part of any structure, conforming or nonconforming, that is declared unsafe or uninhabitable by the proper authority, unless such repairs or maintenance exceeds fifty (50%) percent of the structure's appraised value, as determined by the Appraisal District.

The following types of platted lots shall be deemed in conformance with the provisions of this UDC, notwithstanding the fact that such lot does not meet the standards of this UDC in the zoning district in which it is located:

Nothing in this UDC shall be construed to prohibit the use of a lot that does not meet the minimum lot standards of the zoning district in which it is located, provided that the lot is zoned for the land use(s) intended and the lot was platted as a lot of record prior to the effective date of this UDC.