7.1.1 Any use lawfully occupying a building or land on the effective date of this Land Use Code or of subsequent amendments to it, that does not conform to the regulations of this Land Use Code, as adopted or amended, or which is not specifically addressed in this Land Use Code, shall be deemed to be a non-conforming use and may be continued, and the right to engage in such use shall run with the land, subject to the conditions of this Article. No changes in the type, scale or intensity of the use are permitted, except those resulting in conformity of the use.

7.1.2 Any structure lawfully existing on the effective date of this Land Use Code, or of subsequent amendments to it, that is constructed contrary to the regulations of this Land Use Code shall be deemed to be a non-conforming structure and may continue to be used, and the right to use the structure shall run with the land, subject to the provisions of this Article. Any structure for which a permit has been lawfully granted at the effective date of this Land Use Code, or of subsequent amendments to it, must be completed in accordance with the approved plans; provided that actual construction is started within 180 calendar days of the date of issuance of the permit and diligently executed until its completion. The term "actual construction" for the purposes of this section is intended and shall be construed to mean the performance of any work or labor, the effect of which is apparent upon the building site. Such building shall thereafter be deemed to be a lawfully existing non-conforming building.

7.1.3 Any lot lawfully existing at the effective date of this Land Use Code, or of subsequent amendments to it, that does not meet the lot size or dimensional requirements of this Land Use Code as adopted or amended, can be used in conformity with all the regulations applicable to its intended use, subject to the provisions of this Article. However, no use that requires a greater lot size than the established minimum lot size for a particular zone is permissible on a non-conforming lot.

7.1.4 Any residential use permitted by right in the RC Zone and currently located in the RA and RB Zones, which existed prior to the effective date of this Land Use Code, shall be considered a conforming use.

A variance is automatically granted so as to permit the continuation of any structure or lot existing immediately prior to the time this Land Use Code or any amendment to it becomes effective, if such existing building, structure, improvement or premises was not in violation of any other ordinance or law at the time this Land Use Code was adopted or amended. A Conditional Use Permit is automatically deemed to be granted for any use-by-right existing immediately prior to the time this Land Use Code or any amendment to it makes such use a conditional use. It shall be designated a conditional use under any such code or amendment.

A variance or Conditional Use Permit which has been automatically granted pursuant to this Article may be revoked by the Planning and Zoning Commission. The Planning and Zoning Commission will conduct a hearing in accordance with Section 6.2.9 to consider revocation of any variance or Conditional Use Permit automatically granted pursuant to this Article. The variance or Conditional Use Permit may be revoked if the Planning and Zoning Commission finds:

7.3.1 That the condition of the improvements on the property, if any, are such that to require the property to be used only for those uses permitted in this Land Use Code would not impair the constitutional rights of any person; and

7.3.2 That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in this Land Use Code without impairing the constitutional rights of any person.

A non-conforming structure, improvement or premises may not be extended, expanded, or enlarged unless the following conditions can be met:

7.4.1 All proposed extensions, expansions, and/or enlargements are limited to a maximum of 25 percent of the gross floor area of the non-conforming building, as it existed on the date this Land Use Code was adopted.

7.4.2 The proposed extension, expansion, or enlargement does not create any new violation of any provisions of this Land Use Code.

7.4.3 The proposed extension, expansion and/or enlargement shall not adversely impact adjoining properties.

7.4.4 The owner complies with all requirements set forth by the Construction Industries Division and any other State and/or Federal requirements.

7.4.5 The extension, expansion, or enlargement conforms to all other regulations of the zone in which it is located.

Nothing in this Land Use Code shall be construed to prevent the restoration and resumption of a former lawful use of any building that is unintentionally damaged or partially destroyed by fire or other calamity, provided that such restoration is started within one year after such damage, is diligently and actively continued to completion within a period not exceeding two years, after which an extension from the Community Development Director is required, and does not extend, expand, enlarge the structure(s), or add to the intensity of the use. A non-conforming structure that is voluntarily razed or required by law to be razed, shall not be restored except in full conformance with all the provisions of this Land Use Code as to building and use.

When a non-conforming use is discontinued for a consecutive period of one year, the property involved may thereafter be used only for conforming purposes.

An undeveloped, non-conforming lot that adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, on the date this Land Use Code is adopted, shall be deemed to be a single conforming lot for purposes of this Land Use Code, if doing so would result in a single conforming lot or a lot that is less non-conforming than the multiple individual lots. The intent of this subsection is to require non-conforming lots to be combined with other non-conforming lots.

7.8.1 All non-conforming projects on which construction was begun at least 180 days before the effective date of this Land Use Code as well as all non-conforming projects that are at least 10 percent completed in terms of the total expected cost of the project on the effective date of this Land Use Code may be completed in accordance with the terms of their permits and approvals, so long as these permits were validly issued and remain unrevoked and unexpired. If a development is designed to be completed in stages, this subsection shall apply only to the particular phase under construction.

7.8.2 Except as provided in Section 7.8.1, all work on any non-conforming project shall cease on the effective date of this Land Use Code, and all permits previously issued for work on non-conforming projects may begin or may be continued only pursuant to a permit or approval issued in accordance with this Land Use Code. The Town shall issue such a permit if it is found that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his or her position in some substantial way in reasonable reliance on the regulations as they existed before the effective date of this Land Use Code and would be unreasonably prejudiced if not allowed to complete his or her project as proposed.

7.8.3 The Community Development Director shall send copies of Section 7.8 to the persons listed as owners for tax purposes of all properties in regard to which permits have been issued for non-conforming projects or in regard to which a non-conforming project is otherwise known to be in some stage of development. This notice shall be sent by certified mail not less than 15 days before the effective date of this Land Use Code.

7.8.4 The Community Development Director shall establish expedited procedures for hearing applications for permits under this section.

All signs that are or that become non-conforming at the time of adoption of this Land Use Code may be maintained so long as they are kept in a state of good repair as specified in Section 5.15 and so long as they are not relocated, replaced, structurally altered, abandoned for a period of more than six months or damaged by wind, fire or other cause to the extent that 75 percent or more of their value has been destroyed. Such abandoned or damaged signs shall not be allowed to continue as non-conforming uses.