(a)

Purpose. It is recognized that, over time, lawful nonconformities may develop as a result of amendments to the zoning map or this article which change the application of town's development regulations to particular properties. It is important that such properties, while nonconforming, be adequately maintained and permitted to continue, but not expanded or enlarged in any fashion that increases the extent of nonconformity. Where possible, such nonconformities should be made, wholly or incrementally, conforming.

(b)

Application. The provisions of this section apply only to lawful nonconformities, except as noted below. Nonconformities other than lawful nonconformities shall be considered violations of this article. This article shall not apply, however, to any feature which is the subject of a variance or modification from particular regulations that has been granted by an authorized reviewing body. Where a variance or modification has been granted for a feature which does not otherwise conform to the requirements of this chapter, that feature shall be deemed conforming.

(c)

Expansions prohibited. A lawful nonconformity shall not be extended, expanded, enlarged, or increased in any manner that would increase either the degree of the dimensional nonconformity, or the extent or intensity of the lawfully established nonconforming use. Such prohibited activity shall include, without being limited to:

(1)

A physical addition to, or expansion of, a nonconforming structure that creates a new, or increases the extent of an existing, dimensional nonconformity; except that expansions less than 500 square feet may be permitted when necessary to comply with accessibility or building code requirements;

(2)

An extension or transference of a nonconforming use into new construction including separate buildings, building additions, or expansions;

(3)

An extension of the use within an existing structure to any floor area not occupied by the use at the time that it became nonconforming;

(4)

An expansion to any outdoor areas used in direct support of a nonconforming use beyond the limits existing at the time that the use became nonconforming.

(Ord. No. 2023-024, § 1, 10-17-2023)

(a)

Nonconforming lots. Nonconforming vacant lots that were created in compliance with applicable standards that were in place at the time the lot was created, may be developed subject to complying with current standards for new construction.

(1)

Lawfully established nonconforming lots. Lawfully established nonconforming lots having one or more dimensional nonconformities may be used for any permitted or special use allowed in the zoning district in which the lot is located provided that any structure or expansion/addition to an existing structure proposed for the use meets all applicable dimensional and numerical requirements and all applicable procedures are followed. Such lots may be recombined with adjoining lots to increase the extent of their conformity provided new nonconformities are not created. In residential zones, only one detached single-family dwelling shall be permitted on the nonconforming lot and accessory structures that are customary and incidental to the primary dwelling.

(2)

Lots with contiguous frontage in one ownership. Whenever two or more nonconforming lots in single ownership with contiguous frontage exists in a district zoned for residential uses, residential structures or manufactured homes of a permitted class may be erected on each lot if all setback requirements and health department requirements can be satisfied. If all setbacks cannot be met, the lands involved shall be considered to be an individual parcel for the purposes of this article. No portion of the parcel shall be used or sold which does not meet the dimensional requirements of this article.

(3)

Reduction of a lot of record. A lot of record reduced to less than the required area, width, or setback dimension as the result of a condemnation or purchase by a government agency shall become a nonconforming lot of record.

(4)

Nonconforming lots—Steep slope. Except for minimum lot size, vacant lots subject to steep slope regulations that were recorded prior to February 15, 2022 are required to meet all development standards found in this chapter, including land disturbance and impervious surfaces. All previous land disturbance and impervious surfaces shall be included in any new development application.

(b)

Nonconforming structures. Structures having one or more dimensional nonconformities may be used for any permitted or special use allowed in the zoning district in which the structure is located. Such structures may be expanded or enlarged provided the extent of the applicable dimensional nonconformity is not increased and no new nonconformities are created.

(Ord. No. 2023-024, § 1, 10-17-2023)

A nonconforming site is a site that was developed in compliance with the requirements at the time but through ordinance amendment or adoption, no longer complies with current standards. Common site elements include, but are not limited to, driveway access, parking, sidewalks, landscaping, signage, and lighting.

(a)

Expansions to open uses of land. Where allowed, expansions to parking, loading, and outdoor storage areas shall comply with the following:

(1)

An increase of the total area less than 40 percent shall require the areas of expansion to comply with all applicable requirements of this article, except sidewalks.

(2)

An increase of the total area equal to or greater than 40 percent shall require the entire site to comply with all applicable requirements of this article.

(b)

Substantial Improvements.

(1)

Substantial improvement. For the purpose of this section, the value of any addition, expansion, enlargement, or renovations of such structures over a three-year period that is equal to or exceeds 50 percent of the building value, shall comply with the requirements of this article. Compliance with this section shall not require the demolition of existing structure(s).

(2)

Lesser improvements. For the purpose of this section, the value of any addition, expansion, or enlargement, of such structures over a three-year period that is less than 50 percent of the building value, shall only be required to meet the screening, landscaping, and parking standards of this article.

a.

Renovations which are less than 50 percent of the building value during a three-year period and cause a change of use requiring a greater parking demand shall only be required to meet the screening requirements of this article.

(Ord. No. 2023-024, § 1, 10-17-2023)

A nonconforming use is a use of property, including the open use of land or a use found within a building or structure, that was allowed under the zoning regulations at the time the use was established but which, because of subsequent changes in those regulations, is no longer a permitted use.

(a)

Nonconforming uses changed to conforming uses. When a nonconforming use has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.

(b)

Discontinuance of a nonconforming use. When any nonconforming use of a building or structure is discontinued for a continuous period of more than 180 days, the land, building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(c)

Conforming uses becoming nonconforming. No use may be established if it renders another conforming use to become nonconforming.

(d)

Open uses of land. Lawfully established nonconforming use of land may continue except as follows:

(1)

A nonconforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became nonconforming.

(2)

When any nonconforming open use of land is discontinued for a period of more than 180 days, any future use of the land shall be limited to those uses permitted in the district in which the land is located. Vacancy and/or nonuse of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this section.

(Ord. No. 2023-024, § 1, 10-17-2023)

(a)

Continuation of mobile home parks. Mobile home parks that become nonconforming uses shall be permitted to continue operation, and existing spaces within the mobile home park may continue to be occupied by mobile homes even after a space has been vacated. However, these mobile home parks shall not be expanded or increased in size, and no additional spaces designed for occupancy by a mobile home shall be added to the site after the adoption of the ordinance from which this article is derived. A mobile home park that is discontinued for 180 days shall not be reestablished.

(b)

Mobile homes on individual lots. Mobile homes on individual lots that are nonconforming with respect to class or zoning district may only be replaced within 180 days of such removal and only if no new nonconformities are created. After 180 days, such replacement shall comply with the standards of this article.

(c)

Lighting. Nonconforming lighting shall be subject to provisions of section 26-9 nonconforming lighting.

(d)

Signs. Nonconforming signs shall be subject to provisions of section 34-11 amortization of nonconforming signs.

(Ord. No. 2023-024, § 1, 10-17-2023)

(a)

Public safety. In the interest of the public safety and health, structural alterations or renovations of lawfully nonconforming structures, conforming structures on lawfully nonconforming lots, or conforming structures devoted in whole or in part to a lawfully established nonconforming use, which are required by any public law, and so ordered by a public officer in authority, shall be permitted.

(b)

Ordinary repair and maintenance. Routine maintenance and incidental repair or replacement shall be permitted for lawfully nonconforming structures provided that the repair or maintenance shall neither create a new nonconformity, nor increase the degree of the existing nonconformity. The addition of facilities to improve handicapped accessibility or energy conservation may also be permitted provided all applicable development standards can be met.

(c)

Casualty. The reconstruction of a lawfully nonconforming structure and/or a structure that is occupied by a nonconforming use, which has a valid certificate of occupancy and which is destroyed or damaged by an event resulting from natural causes or an accident, without intent to damage or destroy on the part of the property owner, may be restored to its original dimensions and conditions, provided:

(1)

The reconstruction does not increase the degree, extent or limits of the nonconformity;

(2)

A valid building permit is issued within 12 months of the date of the event; and,

(3)

That the use occupying the structure after repair does not result in a change of use.

(4)

Nothing herein shall prevent a reconstruction that removes or reduces the nonconformity.

(Ord. No. 2023-024, § 1, 10-17-2023)