A.   The purpose of this chapter is to provide for the regulation and limit the development and continued existence of nonconforming buildings, uses, lots, and signs. These regulations are designed to protect the rights of legally existing nonconforming buildings, uses, lots, and signs under specific conditions and within certain parameters. It is also the intent of this chapter to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of this title, promote adopted plans and policies, and enhance the character of the town.

   B.   Any use or activity lawfully conducted under county zoning regulations at the effective date of annexation or under previous zoning regulations in effect at the adoption hereof, or any amendment, shall be considered a legal nonconforming use under this title. (Ord. 03-2005, 9-6-2005)

A legal nonconforming building (which shall also include structures or fences) may continue only in the manner and to the extent that it existed at the time of such enactment, amendment, or annexation, subject to the following provisions:

   A.   Routine repairs or maintenance of legal nonconforming buildings is permitted.

   B.   Any legal nonconforming building, which has been damaged by fire, windstorm, flood, or some similar abnormal and identifiable event or decay, for which the cost of restoring the structure to its original condition does not exceed fifty percent (50%) of the assessed valuation, may be reconstructed and used as before; provided, that a building permit is secured, reconstruction is started within six (6) months from the date of damage, and such reconstruction is diligently pursued to completion. The zoning administrator may determine that such delay in reconstruction was caused by unforeseen circumstances beyond the control of the owner of the premises and permit a reasonable extension of time for reconstruction.

   C.   Any legal nonconforming building, which has been damaged by fire, windstorm, flood, or some similar abnormal and identifiable event or decayed to an extent exceeding fifty percent (50%) of its most recent, predamage valuation, as determined by a qualified appraiser, and as approved by the zoning administrator, any repair, replacement, or reconstruction of the development on the site shall lose any legal nonconforming status and may not be restored, reconstructed, replaced or used except in conformity with the provisions of the zoning district it is located in and this title.

   D.   A legal nonconforming building which ceases to be used for a period of three hundred sixty five (365) consecutive days shall lose all nonconforming status and shall be retrofitted to comply with all applicable building codes and this title.

   E.   This title shall not prohibit the continued occupancy of a manufactured home located and occupied as a private residence within the town at the time of adoption hereof which may not be located within a manufactured home overlay district or which may not be in compliance with the design standards of section 10-10B-6 of this title. Any existing manufactured home that is not in compliance with the design standards of section 10-10B-6 of this title at the time of the adoption hereof shall be brought into compliance, with said design standards, as additions or alterations to the structures are requested. Any existing manufactured home, even if it is not located within a manufactured home overlay district, may be replaced in its entirety only with a manufactured home that is in compliance with all of the design standards of section 10-10B-6 of this title and other provisions of this title. (Ord. 03-2005, 9-6-2005)

A legal nonconforming use may continue only in the manner and to the extent that it existed at the time of such enactment, amendment, or annexation, subject to the following provisions:

   A.   A legal nonconforming use which ceases to be used for a period of three hundred sixty five (365) consecutive days, or is replaced by a conforming use, shall lose all nonconforming status.

   B.   A nonconforming use shall not be changed to a different nonconforming use. This shall not prevent a name change or change in ownership of the same nonconforming use. (Ord. 03-2005, 9-6-2005)

   A.   Routine maintenance of a legal nonconforming lot is permitted.

   B.   This title shall not prohibit the continued occupancy of a building that has been legally constructed on a nonconforming lot.

   C.   Any legal lot existing at the time of the enactment hereof, or any amendment, which does not conform with the required lot area may be used for any use permitted by right in that zoning district; provided, that the lot does not constitute more than a twenty percent (20%) reduction in the required lot area, and all other applicable regulations of this title are complied with.

   D.   If the application of this title to a parcel, which was a legally constituted lot on which development would have been permitted prior to the adoption date hereof, would prevent the development of at least one single residential dwelling unit, the parcel may be developed with one single residential dwelling pursuant to all other provisions of this title. (Ord. 03-2005, 9-6-2005)

   A.   Legal Nonconforming Signs:

      1.   "Legal nonconforming sign(s)" shall mean a sign that is lawfully existing at the time of the enactment hereof which does not conform to the regulations as specified in this title.

      2.   A legal nonconforming sign may continue to be utilized in perpetuity only in the manner and to the extent that it existed at the time of the adoption hereof or any amendment thereto.

      3.   A legal nonconforming sign may not be altered in any manner not in conformance with this title. This does not apply to the normal repair, maintenance or changing of copy on the sign, provided that structural alterations are not required as part of the repairs, maintenance, or changing of copy.

      4.   Any sign that becomes nonconforming subsequent to the effective date hereof, either by reason of annexation to the town or amendment to this title, shall be subject to the provisions of this title.

      5.   Notwithstanding any other provision of this chapter, legal nonconforming signs that are located on a parcel of property which is severed from a larger parcel of property and acquired by a public entity for public use by condemnation, purchase or dedication may be relocated on the remaining parcel without extinguishing the legal nonconforming status of that sign, provided that the nonconforming sign:

         a.   Is not increased in area or height;

         b.   Remains structurally unchanged except for reasonable repairs or alterations;

         c.   Is placed in the same relative position on the remaining property that it occupied prior to the relocation; and

         d.   Is relocated in a manner so as to comply with all applicable safety requirements.

   B.   Signs For A Legal Nonconforming Use:

      1.   New or additional signs for a nonconforming use shall not be permitted.

      2.   A nonconforming sign for a nonconforming use which ceases to be used for a period of three hundred sixty five (365) consecutive days or is suspended by a conforming use, shall be considered a prohibited sign and shall be removed or brought into conformance upon establishment of a conforming use.

   C.   Alteration Or Removal Of Nonconforming Signs:

      1.   A nonconforming sign structure shall not be reerected, relocated or replaced unless it is brought into compliance with the requirements of this title, except as provided for in the above subsection A5 of this section.

      2.   Any construction permit which invokes certificate of occupancy requirements shall specify and require that any nonconforming sign located within the boundaries of the development site authorized by said permit shall be brought into conformance with the provisions of this title; provided, that if the nonconforming sign is a type of sign that is prohibited under chapter 15 of this title, it shall be removed.

      3.   Any nonconforming sign that is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is more than fifty percent (50%) of the cost of reconstruction shall either be removed or be rebuilt in full conformity with this title.

   D.   Signs Rendered Discontinued:

      1.   Sign structures which remain vacant, unoccupied, devoid of any message, or display a message pertaining to a time, event or proposal that no longer applies shall be deemed to be discontinued.

      2.   Any sign which is located on property which becomes vacant and unoccupied for a period of three hundred sixty five (365) consecutive days, shall be deemed to be discontinued.

      3.   A sign whose use has been deemed discontinued is prohibited and shall be removed by the owner of the sign or owner of the premises. (Ord. 03-2005, 9-6-2005)