1.

Intent. Within the districts established by this ordinance or amendments that may later be adopted there exist lots, structures, and uses of land and structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment.

It is the intent of this ordinance not to encourage the survival of nonconformities and to gradually eliminate those nonconformities which are incompatible with permitted uses within the district in which they are located. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as a grounds for adding other structures or uses prohibited elsewhere in the same district.

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited in the district involved.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

To avoid undue hardship, nothing in this ordinance will be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

2.

Nonconforming lots of record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other such lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions shall conform to the regulations for the district in which such lot is located. Any variance of yard requirements shall be obtained only through action of the board of adjustment. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance.

3.

Nonconforming uses of land. Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, subject to the provisions of paragraph 6 of this section, so long as it remains otherwise lawful, subject to the following provisions:

a.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance;

b.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance;

c.

If any such nonconforming use of land ceases for any reason for a period of more than 90 days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

4.

Nonconforming structures. Where a lawful structure exists at the effective date of the adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restriction on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued subject to the provisions of paragraph 6 of this section, so long as it remains otherwise lawful, subject to the following provision:

a.

No such structure may be enlarged or altered in a way which increases its nonconformity.

b.

Any such structure may be reconstructed or restored following its partial or total destruction by any means (including intentional destruction) if the degree of nonconformity is not extended or enlarged in any way and provided that the reconstruction or restoration is substantially consistent with the exterior appearance and design of the structure immediately prior to such destruction. This paragraph shall not be construed to prohibit the use of modern building materials or methods, but such materials or methods shall approximate, as much as reasonably possible, the exterior appearance and design of such structure immediately prior to its destruction. The town building inspector shall make the determination concerning whether or not such reconstruction or restoration is in compliance with this subparagraph and, in so doing, may consider any relevant information pertaining to the building's exterior appearance and design prior to its destruction, including photographs, drawings, witness descriptions, remaining portions of the structure, or other surviving similar structures in the area.

c.

Should such a structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

5.

Nonconforming uses of structures. If a lawful use of a structure or of structure and premises in combination exists at the effective date of adoption or amendment of this ordinance that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued, subject to the provision of paragraph 6 of this section, so long as it remains otherwise lawful, subject to the following provisions:

a.

No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

b.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building;

c.

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the board of adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of adjustment may require appropriate conditions and safeguards in accord with the provisions of this ordinance;

d.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;

e.

When a nonconforming use of a structure, or structure and premises in combination, is abandoned for 12 consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located;

f.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

6.

Gradual elimination of certain uses. Certain nonconformities shall be terminated in accordance with the following provisions:

a.

Within not more than three years from the date of adoption or amendment of this ordinance by which a use becomes nonconforming, the right to maintain the following nonconformities shall terminate and such nonconformities shall no longer be operated or maintained:

(1)

Any junkyard.

(2)

A nonconforming use operated within a building or structure which contains less than 100 square feet of gross floor area.

(3)

A nonconformity, no part of which is enclosed within a structure.

b.

Within not more than six months from the date of adoption or amendment of this ordinance by which a use becomes nonconforming, the right to maintain the following nonconformities shall terminate and such nonconformities shall no longer be operated or maintained:

(1)

Dumpsters (trash receptacles or garbage disposal units commonly referred to as "dumpsters") in all zoning districts except A agricultural and R-1 residential unless the location thereof and appropriate screening have been approved by the building inspector under section 6, paragraph 11 [14] ("Screening of dumpsters in all zoning districts other than A agricultural and R-1 residential").

7.

Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement value of the building, provided that the cubic content of the building, as it existed at the time of passage or amendment of this ordinance, shall not be increased.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. No. 009-19, § 11, 12-2-19)