This chapter is intended to limit the number and extent of nonconforming uses and structures by prohibiting or limiting their enlargement, their reestablishment after abandonment and their restoration after substantial destruction. While permitting nonconforming uses, structures and improvements to continue, this chapter is intended to limit enlargement, alteration, restoration or replacement which would increase the discrepancy between existing conditions and the development standards prescribed by this title.

(Ord. 8(1973) § 20.100)

   Nonconforming sites, uses, structures and site improvements lawfully established prior to the effective date hereof may continue, subject to the limitations prescribed in this chapter. Sites, uses, structures and site improvements lawfully authorized by permits or regulations existing prior to the effective date hereof may continue, subject to such limitations as prescribed by such permits or regulations.

(Ord. 8(1973) § 20.200)

   Sites lawfully established pursuant to regulations in effect prior to the effective date hereof which do not conform to the minimum lot area and dimension requirements prescribed by this title for the zone district in which they are situated may be continued and shall be deemed legally established building sites, subject to the site development standards prescribed by this title. No such site shall be further reduced in area or dimensions.

(Ord. 8(1973) § 20.300; Ord. 29(2005) § 40)

   The use of a site or structure lawfully established prior to the effective date hereof which does not conform to the use regulations prescribed by this title for the zone district in which it is situated may be continued, provided that no such nonconforming use shall be enlarged to occupy a greater site area or building floor area than it occupied on the effective date hereof. Any subsequent reduction in site area or floor area occupied by a nonconforming use shall be deemed a new limitation, and the use shall not thereafter be enlarged to occupy a greater site area or floor area than such new limitation.

(Ord. 8(1973) § 20.400; Ord. 5(2001) § 5; Ord. 29(2005) § 40)

   Structures and site improvements lawfully established prior to the effective date hereof which do not conform to the development standards prescribed by this title for the zone district in which they are situated may be continued. Such structures or site improvements may be enlarged only in accordance with the following limitations.

   (A)   Lot and structure requirements. Structures or site improvements which do not conform to requirements for setbacks, distances between buildings, height, building bulk control or site coverage, may be enlarged; provided, that the enlargement does not further increase the discrepancy between the total structure and applicable building bulk control or site coverage standards; and provided that the addition fully conforms with setbacks, distances between buildings and height standards applicable to the addition.

   (B)   Density control. Structures which do not conform to density controls (includes GRFA and dwelling units/acre) may be modified, only if the total gross residential floor area of the enlarged structure does not exceed the total gross residential floor area of the preexisting nonconforming structure.

   (C)   Open space and landscaping. Structures or site improvements which do not conform to requirements for usable open space or landscaping and site development may be enlarged; provided, that the usable open space requirements applicable to such addition shall be fully satisfied, and provided that the percentage of the total site which is landscaped shall not be reduced below the minimum requirement.

   (D)   Off-street parking and loading. Structures or site improvements which do not conform to the off- street parking and loading requirements of this title may be enlarged; provided, that the parking and loading requirements for such addition shall be fully satisfied and that the discrepancy between the existing off-street parking and loading facilities and the standards prescribed by this title shall not be increased.

(Ord. 8(1973) § 20.500; Ord. 29(2005) § 40; Ord. 14(2006) § 4)

   Nonconforming uses, structures and site improvements may be maintained and repaired as necessary for convenient, safe or efficient operation or use; provided, that no such maintenance or repair shall increase the discrepancy between the use, structure or site improvement and the development standards prescribed by this title.

(Ord. 8(1973) § 20.600)

   Any nonconforming use which is discontinued for a period of 12 months, regardless of any intent to resume operation of use, shall not be resumed thereafter, and any future use of the site or structures thereon shall conform to the provisions of this title.

(Ord. 8(1973) § 20.700; Ord. 29(2005) § 40)

   A nonconforming use shall not be changed to another nonconforming use unless permission has been granted by the Town Council. Prior to granting such permission, the Council shall determine that the proposed use does not substantially differ from the existing nonconforming use in terms of compatibility with the character of the area in which it is located, and the Council shall determine that the proposed use does not increase or aggravate the degree of nonconformity existing prior to any such change of use.

(Ord. 8(1973) § 20.800; Ord. 29(2005) § 40)

   Whenever a nonconforming use which does not conform with the regulations for the zone district in which it is located, or a nonconforming structure or site improvement which does not conform with the requirements for setbacks, height, density control, building bulk control or site coverage is destroyed by fire or other calamity, by act of God or by the public enemy, its use may be resumed or the structure may be restored, provided the restoration is commenced within one year and diligently pursued to completion. All new construction must conform to the applicable adopted building codes, fire codes and other relevant codes regarding safety and construction which are in effect at the time rebuilding is proposed.

(Ord. 8(1973) § 20.900; Ord. 35(1981) § 1; Ord. 39(1982) § 1; Ord. 31(2001) § 12; Ord. 29(2005) §40)