(a)

Generally. The application of new regulations to existing development may create circumstances in which existing lot dimensions, land uses, buildings, structures, landscaping and buffering, lighting, parking areas, or signs do not strictly conform to the requirements of the new regulations. For existing lots or development (including uses, buildings, structures, and signs) that are "legally nonconforming," this Article sets out equitable rules for whether, when, and how the regulations of this LUDC apply.

(b)

Conversion of Nonconformities. Generally, nonconforming uses, buildings, structures, and signs are not allowed to be enlarged, expanded, increased, nor be used as grounds for adding other structures or uses that are now prohibited in the same zone. This Article provides standards by which minor nonconforming uses can be made "conforming" through a public hearing process.

(c)

Reduction of Nonconformities. It is the policy of the Town to encourage reinvestments in property that increase its value and utility and reduce its external impacts. Since bringing a developed parcel into full compliance with this LUDC may involve substantial costs that may discourage reinvestment, Division 5-4, Other Physical Nonconformities, provides a set of thresholds for determining when new construction or modifications to development trigger a requirement for increasing conformity with the various requirements of this LUDC.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. This Article applies to uses, buildings, structures, signs, lighting, parking, density, and lots that were:

(1)

Lawfully established, constructed, installed, planted, or created prior to the effective date but do not conform to the requirements of this LUDC; or

(2)

Lawfully established, constructed, installed, planted, or created in one zone, but no longer conform to the requirements of this LUDC after the Subject Property is rezoned.

(b)

Effect of Article. Nothing in this Article shall be interpreted to require a change in plans, construction, or designated use of any building in which a building permit was lawfully obtained prior to the effective date of this LUDC or subsequent amendment, provided that construction:

(1)

Was commenced before the expiration of the building permit; and

(2)

Work is proceeding diligently toward completion.

(c)

Changes of Ownership. Nothing in this Article shall be construed to affect or restrict changes in ownership, nor shall changes in ownership affect the application of any of the requirements of this Article.

(d)

Evidence of Status. Evidence that a nonconforming situation is a legal nonconformity and not a violation of this LUDC shall be submitted by the owner of the property or use upon request of the Administrator.

(e)

Exceptions to Article.

(1)

Existing Lots. Lots of record that were created prior to the effective date of this Code are "conforming", regardless of their lot area, lot width, or zoning district.

(2)

Vested Rights. This Article does not apply to site-specific development plans for which rights are vested, during the period of vested rights.

(3)

Unlawful Uses, Buildings, or Structures. This Article does not allow for the perpetuation of unlawful development. Such development is not "legally nonconforming," but instead, "unlawful," and is subject to all of the provisions of this LUDC (including enforcement provisions) and any other applicable law.

(4)

Natural Shifts of Zone Boundaries. If a zone boundary changes as a result of a change in location of a river, stream, or ditch channel centerline, other natural boundary-defining feature, or street, such change of zone boundary does not render existing development nonconforming.

(5)

Taking for Public Use. Any nonconforming building, structure, parking, or lot that is expressly created or caused by a conveyance of privately-owned land to a Federal, State, or local government to serve a public purpose is conforming for the purposes of this LUDC, and is not subject to limitations in this Article. This exemption applies in cases where private land is obtained by a governmental entity for a public purpose, through condemnation, threat of condemnation, or otherwise, when that transaction creates a nonconformity in the remainder parcel in terms of setback, lot area, or other standards of this LUDC. However, this exemption does not apply to right-of-way dedication or other public conveyances of land required by the Town in the course of subdivision, site plan, or other development approvals.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. Subject to the provisions of this Article, a nonconforming use may be continued and maintained in reasonable repair, but shall not be altered or extended. The extension of a nonconforming use to a portion of a structure that was arranged or designed for the nonconforming use at the time of adoption of this LUDC is not an extension of a nonconforming use.

(b)

Casualty Loss. If the building or structure in which a nonconforming use is damaged to the extent that the cost of repair exceeds 50 percent of the appraised value of the property (including the building) for tax purposes, then the nonconforming use of the property shall not be resumed.

(Ord. No. 2023-006, 6-14-2023)

(a)

Change of Use. If a nonconforming use is changed to a different use, the new use shall be a use that conforms to the regulations of the zone in which the use is located. After such change, all future use of the subject property shall comply with applicable provisions of this LUDC.

(b)

Discontinuance of Use. If a nonconforming use is discontinued from use for a period of 12 months, further use of the subject property shall conform to the requirements of this Code.

(Ord. No. 2023-006, 6-14-2023)

A building or structure that contains a conforming use, but is nonconforming as to the applicable bulk standards of this Code, may be altered or extended, provided that the alteration or extension does not increase the degree of nonconformity with this Code.

(Ord. No. 2023-006, 6-14-2023)

Nothing contained in this shall require any change in the plans, construction, alteration, or designated use of a building for which construction work has commenced prior to the effective date of this Code. Such buildings may be completed in accordance with plans, provided that completion of the buildings is diligently pursued.

(Ord. No. 2023-006, 6-14-2023)

(a)

Cost of Repair is 50 Percent or More of Appraised Value. If a nonconforming building or structure is damaged to the extent that the cost of repair is 50 percent or more of the appraised value of the property (including the building) for tax purposes, then future construction on the subject property shall conform to the requirements of this LUDC.

(b)

Cost of Repair is Less than 50 Percent of Appraised Value. If cost of repair is less than 50 percent of the appraised value of the property (including the building) for tax purposes, then restoration is allowed, provided that it is commenced within six months of the damage and completed within 18 months after commencement.

(Ord. No. 2023-006, 6-14-2023)

(a)

Generally. A use that is permitted by Division 2-2, Land Use, or that meets all applicable limited use standards (in the case of a limited use) or conditional use standards (in the case of a conditional use), may be established, continued, maintained, modified, enlarged, or extended, even if other nonconformities are present on the subject property, such as:

(1)

The use occupies a nonconforming building;

(2)

The use occupies or otherwise utilizes a nonconforming structure;

(3)

The use is illuminated by nonconforming lighting; or

(4)

The use has nonconforming parking.

(b)

No Implied Waivers. The authorization in subsection (a), above, shall not be construed as a waiver of the requirements of Division 5-3, Nonconforming Buildings or Structures, or this Division with respect to the nonconformities that are present on the subject property. Modifications to buildings, structures, lighting, or parking may require correction or partial correction of physical nonconformities.

(Ord. No. 2023-006, 6-14-2023)

(a)

Building Expansions and Expansions of Existing Uses. If an existing building or use is expanded, additional parking is required only in proportion to the new area of the building or use.

(b)

Change of Use. If the use of a building changes, resulting in a net additional demand for parking, then the number of new parking spaces that are required shall be calculated as the lesser of:

(1)

The required parking for the new use according to Division 4-2, Parking and Loading; or

(2)

(Number of existing parking spaces) + (number of parking spaces required for the new use) - (number of parking spaces required for the existing use).

(c)

Redevelopment. If an existing building is redeveloped, parking shall be brought into conformity with this LUDC.

(Ord. No. 2023-006, 6-14-2023)