Upon written application by the owner of record of a nonconforming property, structure, parcel of land or use, the Code Enforcement Officer shall issue a certificate of nonconformity. The Town Board shall set the fee for such certificate.

Preexisting nonconformities. It shall be the duty of the applicant to provide sufficient documentation and other proof reasonably required by the Code Enforcement Officer to demonstrate that the property, structure, parcel of land or use became nonconforming upon the effective date of this chapter and solely because of the adoption of this chapter.

Error caused nonconformities. If it is found at any time that a past error by a Town official has created a nonconformity, and if that nonconformity exists at present, then a certificate of nonconformity shall be issued. This action shall be without fee to the applicant.

Other nonconformities. Unless the Code Enforcement Officer invokes powers under § 170-90, any property owner who has caused a nonconformity on his property because of ignorance or willful disregard of this chapter may be issued a certificate of nonconformity only after all appropriate fees, fines and/or penalties have been paid.

Nonconformity by variance. When a variance is issued to a conforming property, a nonconformity automatically results. Such nonconformity shall not also require a certificate of nonconformity, and the variance itself shall be sufficient.

Prior to the issuance of a certificate of nonconformity, a written application for said certificate shall be completed by the property owner and filed with the Code Enforcement Officer. Said written application shall include a description of the lot and its uses, the locations of all structures and property boundaries and a list of all existing nonconformities. Two copies of the certificate of nonconformity shall then be prepared, one for the property owner, and the other shall be filed in the office of the Code Enforcement Officer.

Upon issuance of the certificate of nonconformity, the subject property shall become the equal of any other property, and the existence of the recognized and certified nonconformities shall not be a hindrance to the issuance of any building permits, variances or special use permits to the property in the future, except as otherwise provided herein.

Any nonconforming use or employment that exists when a certificate of nonconformity is issued may not thereafter be further enlarged or altered without a use variance.

Normal maintenance and repair shall be permitted; provided, however, that they do not expand the area occupied by the nonconforming use.

Any nonconforming building or structure that is destroyed intentionally or by natural causes, such as fire, may be rebuilt within one year of such destruction, provided that any nonconformities of the building or the structure or its use do not exceed the nonconformities of the destroyed building or structure.

Nothing herein shall prevent the strengthening or restoring to a safe condition of any wall, roof or structural part of a building or structure which has been declared unsafe by the Code Enforcement Officer of the Town Board of Health.

Nonconforming signs shall not be altered unless in conformance with this chapter.

Failure to keep a nonconforming sign in good repair within one year after notification by the Code Enforcement Officer shall constitute abandonment.