(a)

Metes and bounds descriptions. Where the owner of a lot of record in any residential district at the time of the adoption of Ordinance No. 65 (May 13, 1970) or his successor in title thereto does not own sufficient contiguous land to enable him to conform to the width, area or other dimensional requirements of this chapter, such lot may be used as a building site for a single-family residence provided that a variance therefrom is granted by the board of zoning adjustment and construction is in compliance with other town ordinances. For purposes of this subsection, a lot of record is a lot having a legal description set forth in a deed of conveyance recorded in the public records of the county prior to May 13, 1970.

(b)

Subdivision parcels. Notwithstanding the limitations imposed by any other provisions of this chapter, the town building department shall issue building permits to owners of any lot in a subdivision approved by the town prior to the date of the adoption of Ordinance No. 95, regardless of whether the lot has sufficient size to conform to the width or area requirements of this chapter, provided the yard requirements are maintained and construction is in compliance with this chapter and other town ordinances.

(Ord. No. 95, § XI.A, B, 11-17-1976)

(a)

Nonconforming uses. The lawful use of any building, structure or land existing at the time of enactment of this ordinance (11-17-1976) may be continued although such use does not conform with the provisions of this chapter.

(b)

Unsafe buildings or structures. Any building or structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition upon receipt of a building permit duly issued for such repair.

(c)

Restoration of damaged building or structure. Any nonconforming buildings or structures damaged or destroyed by fire, hurricane or other causes may be restored or rebuilt; provided, however, if the nonconforming building or structure is to undergo substantial improvement as determined by the town building official, such nonconforming use or structure may not be restored except as may be provided for in section 82-274.

(d)

Abandonment. Whenever a nonconforming use has been discontinued or abandoned for a period of four months, such use shall not thereafter be reestablished. Any future use shall be in conformity with the provisions of this chapter. However, in the event of a natural disaster when it is impossible or impracticable to operate or repair a nonconforming use, the owner of the nonconforming use shall not forfeit his right to maintain such use so long as the natural disaster continues and causes a shortage of supplies and or labor in the area.

(Ord. No. 95, § XII, 11-17-1976; Ord. No. 189, § 1, 7-25-1990; Ord. No. 327, § 2, 9-12-2006; Ord. No. 330, § 2, 2-27-2007)