(a)

Any use lawfully existing upon the effective date of the ordinance codified in this chapter may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified.

(b)

Except as otherwise specified in this chapter, the right to operate and maintain a nonconforming use shall terminate when the structure or structures housing such use are removed beyond 60 percent of the market value of the structure, said nonconforming use or uses may be reestablished through a conditional use permit procedure. Such restoration shall comply to the maximum extent reasonably feasible with the requirements of this chapter.

(c)

When any lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(d)

Whenever a lawful nonconforming use of a building, structure or land is discontinued for a period of 180 days, except agricultural uses in all districts prior to the date of the adopted ordinance, any future use of the building, structure or land shall be in conformity with the provisions of this chapter.

(e)

Normal maintenance of a building or other structure containing or related to a lawful nonconforming use is permitted, including necessary structural repairs, provided such structural repairs do not enlarge, intensify, or otherwise redefine the nonconforming use.

(Amendment of 8-12-2024(1))

(a)

Lawful nonconforming nonresidential use.

(1)

A lawful nonconforming nonresidential use shall not be changed except in conformance with the use requirements of the zone in which it is located. Except, however, a lawful nonconforming nonresidential use may be changed to another nonconforming use, provided that the proposed use is not of greater intensity than the original use, as determined by the criteria below, and that a conditional use permit is obtained from the town council. A lawful nonconforming nonresidential use may be expanded only through the granting of a conditional use permit by the town council. In considering the appropriateness of the conditional use permit application, the town council shall weigh the criteria set forth below. In addition, the council shall consider whether the expansion is reasonable, natural, and incidental to the growth and use of an existing business. In general, proposals to expand nonconforming uses shall not be approved if the expansion would encompass new land or property which was not in use at the time of the enactment of zoning or a change in zoning.

(2)

To approve a conditional use permit to change or expand a nonconforming nonresidential use, the town council shall determine that the proposed nonconforming use is more appropriate to the district than the existing nonconforming use, and that no unsafe or unhealthy conditions are perpetuated. In making such a determination, the council shall weigh the following criteria in addition to the criteria applicable to all conditional use permits:

a.

Traffic impacts, both on-site and off-site.

b.

Off-street parking and loading requirements.

c.

The visual impact on the surrounding area.

d.

The degree of compliance with the adopted growth policy and this chapter.

e.

The level of conflict with other uses in the surrounding area.

f.

The presence of other nonconformities in the surrounding area.

g.

The degree to which any existing unsafe or hazardous conditions would be mitigated.

h.

The viability of the subject structure(s); and

i.

On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination, or other environmental impacts.

(b)

Lawful nonconforming residential use.

(1)

A lawful nonconforming residential use may be reduced in terms of the number of dwelling units, in an effort to achieve greater conformance with the underlying zoning designation, through the review process established in this chapter, without the need to obtain a conditional use permit from the town council. A lawful nonconforming residential use shall not be permitted to increase the number of dwelling units.

(2)

The maintenance and reconstruction of existing nonconforming residential dwelling units is allowed, in compliance with applicable fire and building codes, including expansion of up to 20 percent of the existing total residential area, without the need of a conditional use permit from the town council, as long as the number of dwelling units on the lot is not increased. In instances where new construction is allowed, all appropriate approvals such as a building permit shall be obtained prior to the initiation of construction.

(Amendment of 8-12-2024(1))

(a)

At the time of the enactment of the ordinance codified in this chapter, if any owner of a plot of land consisting of one or more adjacent lots, in a subdivision of record, does not own sufficient land within the lot of record to enable him/her to conform to the minimum lot size requirements, or does not have sufficient lot width to conform to the minimum lot width requirements, such plot of land may nevertheless be used as a building site. The lot dimension requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a structure of acceptable size to be built upon the lot that does not exceed maximum lot coverage for that district.

(1)

In the residential district, the reduction shall permit only a single-household residence.

(b)

No lot shall be reduced in size so that lot width or size of yard setback or lot area per household or any other requirement of this chapter is not maintained except as provided for by variance in this chapter.

(1)

This section shall not apply when a portion of a lot is acquired for a public purpose.

(c)

The owner of a plot of land consisting of two or more adjacent lots, in a subdivision of record, may choose to have the lots considered a single lot of record to comply with minimum requirements without need of a variance as provided for in this chapter. Existing buildings on nonconforming lots may be expanded without variances so long as the expansion does not increase or create one or more nonconformities, see section 42-165 below.

(Amendment of 8-12-2024(1))

(a)

Any nonconforming structure lawfully existing upon the effective date of the ordinance codified in this chapter may be continued at the size and configuration existing upon such date except as hereinafter specified.

(b)

Except as otherwise specified in this chapter the right to operate and maintain a nonconforming structure shall terminate when the structure is removed beyond 60 percent of the market value of the structure. Said nonconforming structure may be reestablished through a conditional use permit procedure as set forth in this chapter. Such restoration shall comply to the maximum extent feasible with the requirements of this chapter.

(c)

Normal maintenance of a lawful nonconforming structure is permitted, including necessary structural repairs provided such structural repairs do not enlarge the structure or intensify the use.

(Amendment of 8-12-2024(1))

(a)

A lawful nonconforming structure shall not be changed except in conformance with the requirements of the zone in which it is located or as provided in this chapter.

(b)

A lawful nonconforming structure may be expanded through the plan review process required by this chapter. Unless the proposed expansion would create a new nonconformity or increase an existing nonconformity, no variance is required for the expansion.

(c)

If a lawful nonconforming structure is proposed to be changed or expanded in a manner which would increase the degree of nonconformity, or would create a new nonconformity, a variance shall be required prior to or in conjunction with the site development approval required in this chapter.

(d)

The maintenance and reconstruction of existing nonconforming residential structures is allowed, in compliance with applicable fire and building codes, as well as, the provisions of this chapter, so long as the number of dwelling units on the lot is not increased. Maintenance activities may not increase the degree of nonconformity.

(e)

The maintenance and reconstruction of existing nonconforming nonresidential structures is allowed, in compliance with applicable fire and building codes, as well as, the provisions of this chapter, so long as the intensity of the use on the lot is not increased. Maintenance activities may not increase the degree of nonconformity.

(Amendment of 8-12-2024(1))