Within the classifications established by these Regulations, there may exist: (a) lots, (b) uses of premises, and (c) structures which lawfully existed before these Regulations was effective or amended, but which would be prohibited, regulated or restricted under the terms of these Regulations. These non-conformities may continue in their present condition, but shall not be enlarged, expanded, extended or used for adding other structures or uses prohibited elsewhere in the same classification.

There are three (3) types of non-conformity:

A.

Non-conforming Lots:

In any classification, principal and accessory structures otherwise authorized under these Regulations may be erected or constructed on any single non-conforming lot which existed, separate and apart from other adjoining lots owned by the same person, on the effective date of adoption or amendment of this Ordinance, if all classification requirements other than lot area or width are met. If more than one non-conforming lot with continuous frontage exists in a single ownership, at the time of passage or amendment of these Regulations, the land involved must be combined to meet all classification requirements.

B.

Non-conforming Lots Created by Eminent Domain Proceedings:

Any lot or parcel which shall be made non-conforming as a result of eminent domain proceedings instituted by the Town of Pierson or any other governmental agency, or through voluntary conveyance by such lot or parcel owner in lieu of formal eminent domain proceedings, which lot or parcel except for such eminent domain or voluntary conveyance would be an otherwise conforming lot or parcel, shall be deemed to be a conforming lot or parcel for all purposes under these Regulations. However, all yard requirements of the district in which the lot or parcel is located shall control any new construction or building addition.

C.

Non-conforming Use of a Premises:

In any classification, a lawful principal or accessory use of a premises existing on the effective date of adoption or amendment of these Regulations, but not permitted thereafter, may continue, or be resumed if destroyed, provided:

1.

It is not enlarged, increased, or extended to occupy a greater area than was occupied on the effective date of adoption or amendment of these Regulations;

2.

It is not moved in whole or part to any portion of the lot other than that occupied by such use on the effective date of adoption or amendment of these Regulations; and

3.

No additional structure is constructed or erected in connection with such non-conforming use.

This section shall not be construed to permit the continued parking of any vehicles or watercraft in violation of the applicable provisions of these Regulations after its effective date.

D.

Non-conforming Structure:

In any classification, a lawful structure existing on the effective date of adoption or amendment of this Ordinance, that could not thereafter be built because of classification dimensional or other requirements, may still be used, provided:

1.

It is not enlarged or altered in a way which increases its non-conformity; (it may be altered to decrease its non-conformity, however.)

2.

If it is damaged in excess of sixty-five percent (65%) of its then assessed value, any reconstruction shall comply with these Regulations;

3.

If it is moved for any reasons, or for any distance, it shall thereafter conform to these Regulations.

E.

Involuntary Moves:

Section 5.4.1, B and C are not intended to apply to involuntary movements of uses or structures as a result of condemnation actions or other litigation.

Whenever a non-conforming use of a premises has been discontinued for a period of one (1) year, it shall not thereafter be re-established and any future use shall conform to these Regulations. This limitation, however, shall not apply to modified or new uses established in existing structures when the following conditions are met:

1.

Such uses are deemed no more objectionable than the previously existing nonconforming use. Modified or new uses may be deemed to be no more objectionable than the previously existing non-conforming use when:

i)

The parking demand for the modified or new use will not be greater and the modified or new use will not generate more traffic than the previously existing non-conforming use;

ii)

The modified or new use will not be an expansion in size, impact or effect of a non-conforming use upon the surrounding neighborhood including, without limitation, objectionable conditions, glare, visual pollution, noise pollution, air emissions, vehicular traffic, storage of equipment, materials and refuse and on-street parking;

iii)

In a business or industrial district, the modified or new use will not constitute an activity included under a different category of permitted use in Section 5.5 District Regulations, and the modified or new use will be similar in operation to the previously discontinued use including, without limitation, hours of operation, parking needs, trips generated, number of employees, and noise impact on adjacent properties, or iv) In a residential district, the modified or new use will add an additional dwelling unit or will require additional parking.

2.

The structure housing such use and other physical features of the site represent a "substantial" investment in property improvements, and it would not be financially feasible and practicable to adapt such improvements (or use by any permitted principal use or permitted special exception); and

3.

The structure housing such use meets, or can be repaired to meet, the municipal code requirements for the use proposed; and

4.

The structure housing such use has a viable, useful life beyond the date of discontinuance; and

5.

Buffers and building appearances exist, or are proposed, that will provide reasonable compatibility with the neighborhood in which the structure is located.

These determinations shall be made by the Town Council.

(As amended by Ordinance 01-01, February 28, 2001)