A.

The following regulations are provided to accommodate the use of any building, structure, land or sign which is prohibited by any zoning, building or other regulatory ordinances, but which was lawfully existing prior to the effective date of such ordinance. Further, in accordance with the General Plan Chapter 1, Section c(20), which states that the Town's land use strategy will "provide for and preserve existing commercial businesses existing for at least the last 15 years", the Town Council finds that commercial uses meeting the following criteria shall be exempt from the nonconforming use status of this chapter and shall be considered legal, "established uses" in their respective zones:

1.

The commercial use must have been established no later than December 3, 1977; and

2.

The commercial use must have been operated continuously under the same use, without lapse, in the same building or upon the same parcel of land from December 3, 1977 to December 3, 1992.

B.

Such commercial uses qualifying as an "established use" shall be bound by all other requirements of this chapter and this title, unless expressly exempted from the same. Established uses: 1) shall be limited to the parcel upon which the "established use" is conducted as of October 6, 1994; 2) shall not be transferred from the parcel upon which it is located as of October 6, 1994; and 3) shall be expanded only within the confines of the parcel upon which it is located as of October 6, 1994. In the event of partial or complete destruction of the established use or building in which said use is located, persons vested in the established use shall be entitled to continue such use if: 1) within 12 months of the partial or total destruction of said use or the building within which said use is established, construction of a new or reconstructed building has begun; and 2) the reestablishment of the use is on the same parcel of land which the established use was operating upon on October 6, 1994.

A.

Open land: A nonconforming use of open land (i.e., a situation where there are generally no buildings or structures involved), lawfully existing on the effective date hereof, may be continued, provided:

1.

Such nonconforming use may not be expanded or extended into another portion of a conforming building or open land;

2.

No structures, additions, alterations or enlargements thereto may be made thereon, except as required by law.

B.

Discontinuance: If said nonconforming use is discontinued for a continuous period of more than 12 months, any future use of such land shall conform to the provisions of the zone in which it is located.

A noncomplying building or structure in any zone may be continued, provided no additions, enlargements or alterations are made to said building, except as allowed or required by law or as provided in other sections of this chapter. If any such noncomplying building is removed, every future building on the lot or parcel of land shall comply with the provisions of this title.

The nonconforming use of a building or structure lawfully existing on the effective date hereof, may be continued, provided such nonconforming use shall not be expanded or extended except as required or allowed by law or as provided in other sections of this chapter. If such nonconforming use is discontinued or a building containing a nonconforming use remains vacant for a continuous period of one year, any future use of said building shall conform to the provisions of the zone in which it is located.

A nonconforming use may be extended to include the entire floor area of the existing building in which it is conducted at the time the use became nonconforming, provided no structural alteration of the building is made for the purpose of the extension.

If a building or structure, or any part thereof, is occupied by a nonconforming use and the use is lost partially or totally as a result of fire, explosion, earthquake or other catastrophic event, the building or structure may be repaired or rebuilt pursuant to section 10-21-8 of this chapter and the nonconforming use may be reestablished in the repaired or rebuilt building or structure.

(Ord. No. 2023-01, § 2, 2-8-2023)

Any noncomplying building or structure that is damaged or destroyed by fire, explosion, earthquake or other catastrophic event may be rebuilt to the configuration of the structure which existed immediately prior to the damage having occurred; provided, however, that in rebuilding the noncomplying structure the noncomplying aspects may not be expanded and, to the extent possible without eliminating any of the preexisting noncomplying aspects, the rebuilding shall be consistent with the current building code. Notwithstanding this, a rebuilt structure shall be consistent with the Town's current flood hazard reduction provisions, as set out in section 10-13A-8 of this title.

(Ord. No. 2023-01, § 2, 2-8-2023)

Anything in this chapter notwithstanding, the following shall regulate the maintenance, repair, alteration and improvement of noncomplying buildings and structures. In all cases, where works constitute a substantial alteration of a structure, the works shall include measures, as necessary, to ensure the structure complies with town's current flood hazard reduction provisions, as set out in section 10-13A-8 of this title.

A.

Ordinary maintenance and repair: Ordinary maintenance and repair of noncomplying buildings and structures is allowed so long as such maintenance or repair will not result in expansion of any existing nonconformities or creation of new nonconformities. "Ordinary maintenance and repair" means improvements made to a building for the purpose of keeping the structure in a state of repair and protecting the structure from failure or decline. The term shall also apply to the rehabilitation of a building or structure which is in disrepair for the purpose of making the structure safe and sanitary, in accordance with local building code. Further, interior improvements within existing walls, not resulting in additional habitable space, shall be permitted.

B.

Alterations:

1.

Single-family dwellings:

a.

A single-family dwelling having nonconforming aspects may be altered or added to if such alteration or addition will not result in expansion of any existing nonconformities or creation of new nonconformities.

b.

When a single-family dwelling is nonconforming as to setbacks, additions or alterations shall be permitted on the first floor if such addition or alteration will not result in the expansion of any existing nonconformities or the creation of new nonconformities.

2.

Multi-family dwelling or commercial building: A duplex, multi-family dwelling or commercial building or structure having nonconforming aspects, but having a use that is conforming, may be altered or added to, with the approval of the Town Council, provided such alteration or addition will not result in an expansion of any existing nonconformities or creation of new nonconformities.

(Ord. No. 2023-01, § 2, 2-8-2023)

If the Town changes the zoning on a parcel, this chapter will apply to any nonconforming uses created by the zone change.

Any sign or sign structure that was legal when created, but because of subsequent changes in the regulations, no longer conforms with the regulatory ordinances of the Town, is considered noncomplying.