Generally. The purpose of this Chapter is to regulate and limit the development and continued existence of uses, structures, lots, signs, and lighting features that were lawfully established prior to the effective date of this UDC, but that no longer conform to the requirements of this UDC. All such situations are collectively referred to in this section as “nonconformities.” While nonconformities may continue, the provisions of this Chapter are designed to curtail substantial investment in nonconformities to bring about their eventual elimination to preserve the integrity of this UDC and the goals of the Town. 

Effective on: 6/12/2022

1. Applicability. The standards in this Article 6.B apply to all nonconformities.
2. Authority to Continue.
   1. Nonconformities may continue to be used and occupied, subject to regulations as to the maintenance of premises and conditions of operations set forth in this Article 6.B, or unless such nonconformity is terminated.
   2. Nonconformities shall not be modified in any way that increases the degree of nonconformity.
3. Determination of Nonconformity Status. The burden of establishing the existence of a nonconformity shall be solely on the owner of the property containing the nonconformity.
4. Maintenance. Minor repairs and maintenance of nonconformities are permitted and encouraged, provided that the repairs and maintenance do not increase the degree of nonconformity. Minor repairs and maintenance include the following:
   1. Repairs necessary to maintain and to correct any damage or deterioration to the structural soundness of, or the exterior or interior appearance of, a building or structure without expanding the height or footprint of the building or structure, unless compliant with this UDC;
   2. Maintenance of land to protect against and mitigate health and environmental hazards;
   3. Repairs that are required to remedy unsafe conditions; and
   4. Repairs necessary to comply with current building code requirements.
5. Change of Ownership, Tenancy, or Management. Changes in ownership, tenancy, or management of property with an existing nonconformity may occur, but such nonconformities shall continue to be subject to the standards of this Chapter 6, Nonconformities.
6. Compliance to the Maximum Extent Practicable. Where compliance with the requirements of this section is precluded by a lack of sufficient developable area due to the size of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, hazard areas, or other significant environmental constraints, the applicant shall comply with the requirements of this section to the maximum extent practicable, as determined by the Director.

Effective on: 6/12/2022

1. Purpose. In addition to the standards in Article 6.B, nonconforming uses of land, buildings, or structures are subject to the additional standards in this Article 6.C.
2. Additional Standards on Nonconforming Uses.
   1. A nonconforming use may be extended throughout the same building or structure provided that:
      1. No structural alteration of the building (or portion of such building containing the nonconforming use in the case of buildings with multiple uses) shall be permitted;
      2. No additional dwelling units shall be permitted in the building;
      3. No additional nonresidential units and/or uses shall be permitted; and
      4. Such extension would not result in additional required parking.
   2. Any existing occupied single-family dwelling unit that is deemed to be a nonconforming use may make improvements to the main and accessory structures so long as improvements do not increase the degree of nonconformity or increase the building height or building coverage.
   3. No additional structure not conforming to the requirements of this UDC shall be erected in connection with the nonconforming use of land, building, or structure.
   4. Whenever a nonconforming use of land, building, or structure has been discontinued for a period of six months, future use of land, building, or structure shall comply with this UDC. The Director may grant an extension if improvements that are necessary for the continuation of the nonconforming use are diligently pursued.
3. Change of Use.
   1. A nonconforming use that has been changed to a less nonconforming use pursuant to this subsection may not subsequently be changed back to a more nonconforming use.
   2. A nonconforming use, if changed to a conforming use, may not subsequently be changed back to any nonconforming use unless otherwise permitted by this UDC. 

Effective on: 6/12/2022

1. A.
   In addition to the standards in Article 6.B, nonconforming structures are subject to the additional standards in this Article 6.D.

   1. 1.
      A nonconforming structure may only be expanded pursuant to Section 6.B(D), Maintenance, and any such expansion shall be in full compliance with this UDC.
   2. 2.
      No nonconforming structure may be enlarged or altered in a way that increases the nonconformity of the structure, but any structure or portion of a structure may be altered to maintain or decrease the nonconformity of the structure.
   3. 3.
      A nonconforming structure that has been damaged or destroyed by fire or other causes may be restored to its original condition, provided that such work is commenced within one (1) year of such event and has been completed or diligently pursued within eighteen (18) months of such event. By written request from the property owner stating reasons for the delay, the Director may grant one (1) extension of either the work commencement and/or the completion of work time period.
   4. 4.
      Enlargements, alterations, and repairs to nonconforming structures that would otherwise be permitted by this UDC and that would result in an increase to the flood damage potential shall require floodproofing or shall be elevated to or above the regulatory flood elevation. For nonconforming residential structures, such structures shall be elevated to or above the regulatory flood elevation and floodproofing shall not be an option to comply with these standards.

(Ord. 23-603, 06/11/2023)

Effective on: 6/11/2023

1. In addition to the standards in Article 6.B, nonconforming lots are subject to the additional standards in this Article 6.E.

   1. A nonconforming lot that was made nonconforming by virtue of enactment of this UDC may be used for construction of a building allowed in the applicable zoning district; provided, that all other zoning district and dimensional standards are met.
   2. In any district where single-family dwelling units are permitted, the setback requirements applicable in the zoning district shall apply, with the following exception: for single-family dwelling units on substandard width lots, an interior side setback may be reduced by half the lot width shortage provided such reduction does not exceed twenty-five percent (25%) of the required setback area width.

Effective on: 6/12/2022

Refer to Sec. 3-J-3(I) Non-Conforming Signs

(Ord. 25-639, 12/02/2025)

Effective on: 12/2/2025

1. An illegal nonconformity exists when:

   1. A nonconforming structure is destroyed or substantially destroyed or neglected by an intentional act of the owner or an agent without a proper permit. If this occurs, the nonconforming structure shall lose its nonconforming status and thereafter shall be required to be in conformity with existing codes. If a nonconforming use was in the destroyed or substantially destroyed structure, the nonconforming use and all site improvements shall lose their nonconforming status and be required thereafter to come into compliance with existing codes.
   2. A use, building, or structure occurs to a nonconformity without being lawfully authorized in accordance with the provisions of this section. Such use and/or structure shall therefore cease all operations until such time that the required plans and/or permits are approved.

Effective on: 6/12/2022