The use was lawful at the time it was established;

The use has not been discontinued for a period of 12 consecutive months since the nonconformity was established; and

The use has not been enlarged in scope or size in any way, except as required to meet state or federal standards.

Alterations. A nonconforming structure may be altered or enlarged if:

Restoration of Damage. A nonconforming, nonresidential structure may be restored, if damaged by fire or other hazard, in the same location and dimensions as existed before the damage occurred subject to compliance with the requirements of the current International Residential Code and International Building Code as adopted by the town. Restoration shall begin within six months of the date the damage occurred. Upon a showing of hardship or conditions causing delay which are beyond the control of the applicant, the mayor may grant an extension of time for up to six additional months. Nonconforming residential structures in commercial and industrial zones may be restored, replaced or remodeled subject to the applicable development standards and requirements of the IRC and IBC.

A nonconforming lot may be continued if it had been lawfully established at the time the nonconformity was established.

In any district in which single-family dwellings are permitted, a single-family dwelling and allowed accessory buildings may be erected on nonconforming lots of record; provided, the criteria established below for a legal building site are complied with and applicable as of the effective date of the ordinance codified in this title. At the effective date of adoption of the ordinance codified in this title, no nonconforming lot or combination of lots shall be used or sold in a manner which diminishes compliance with said criteria, and notwithstanding limitations imposed by other provisions of this title. 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 in addition to the criteria established below, all other current regulations of the zoning district shall still apply, including, without limitation, required yards/setbacks, lot coverage, density, parking, storm drainage, landscaping, access, and road improvement.

Legal building sites on platted nonconforming lots which have been created in conformance with the development regulations existing at the time of creation shall meet the following criteria:

Within residential districts, where there are existing residences on nonconforming lots as of the effective date of the ordinance codified in this title, said residences may be replaced on the nonconforming lot if they are damaged or destroyed by natural causes to any extent, provided all other provisions of this title are complied with to the greatest extent possible. If the existing residence exceeded the lot coverage requirement of the applicable zoning district at the time it is destroyed or damaged by natural causes, the replacement structure may be allowed at the same lot coverage. If the existing residence encroached on yard area requirements of the applicable zoning district at the time it is destroyed or damaged by natural causes, the replacement structure must be placed on the nonconforming lot in such a way as to minimize any encroachments into required yard areas.

Where the above criteria require that platted nonconforming lots be consolidated and/or combined to create a legal building site, such consolidation and/or combination shall be accomplished as governed by WMC Title 16, Land Divisions.