A.
Within the districts established by this chapter or
amendments that may later be adopted, there exist lots, structures,
uses of land and structures, and characteristics of use which were
lawful before this chapter was passed or amended, but which would
be prohibited, regulated, or restricted under the terms of this chapter
or future amendment. It is the intent of this chapter to permit these
nonconformities to continue until they are removed, but not to encourage
their survival. It is further the intent of this chapter that nonconformities
shall not be enlarged upon, expanded or extended, nor be used as grounds
for adding other structures or uses prohibited elsewhere in the same
district.
B.
Nonconforming uses are declared by this chapter to
be incompatible with permitted uses in the districts involved. A nonconforming
use of a structure and land in combination shall not be extended or
enlarged after passage of this chapter by attachment on a building
or premises of additional signs intended to be seen from off the premises,
or by the addition of other uses, of a nature which would be prohibited
generally in the district involved.
C.
To avoid undue hardship, nothing in this chapter shall
be deemed to require a change in the plans, construction or designated
use of any building on which actual construction was lawfully begun
prior to the effective date of adoption or amendment of this chapter
and upon which actual building construction has been carried on diligently.
"Actual construction" is hereby defined to include the placing of
construction materials in permanent position and fastened in a permanent
location.
D.
Where excavation or demolition or removal of an existing
building has been substantially begun preparatory to rebuilding, such
excavation or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
A.
In any district in which single-family dwellings are
permitted, a single-family dwelling and customary accessory buildings
may be erected on any single lot of record at the effective date of
adoption or amendment of this chapter, notwithstanding limitations
imposed by other provisions of this chapter. Such lot must be in separate
ownership and not of continuous frontage with other lots in the same
ownership. 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 yard dimensions and requirements
other than these applying to area or width, or both, of the lot shall
conform to the regulations for the district in which such lot is located.
Variances shall be obtained only through action of the Board of Adjustment.
B.
If two or more lots or combinations of lots and portions
of lots with continuous frontage in single ownership are not of record
at the time of passage or amendment of this chapter, and if all or
part of the lots do not meet the requirements established for lot
width and area, the lands involved shall be considered to be an undivided
parcel for the purposes of this chapter, and no portion of said parcel
shall be used or sold in a manner which diminishes compliance with
lot width and area requirements established by this chapter, nor shall
any division of any parcel be made which creates a lot with width
or area below the requirements stated in this chapter.
C.
Any vacant lot existing at the effective date of adoption
or amendment of this chapter whose area or dimensions do not meet
the requirements of the district in which the lot is located may have
a building permit issued for a use permitted for that zoning district
without an appeal to the Board of Adjustment, provided the building
coverage limit is not exceeded, parking requirements are met, and
the yard and height provisions are reduced by the same percentage
that the area of such lot bears to the zone district requirements,
except that no side yard shall be less than half that required by
this chapter or five feet, whichever is greater, and no building shall
be required to have a height less than one story or 12 feet.
Where at time of passage of this chapter lawful
use of land exists which would not be permitted by the regulations
imposed by this chapter, and where such use involves an individual
structure with a replacement cost exceeding $1,000, the use may be
continued so long as it remains otherwise lawful, provided that:
A.
No such nonconforming use shall be enlarged or increased,
nor extended to occupy a greater area of land than was occupied at
the effective date of adoption or amendment of this chapter;
B.
No such nonconforming use shall be moved in whole
or part to any portion of the lot or parcel other than that occupied
by such use at the effective date of adoption or amendment of this
chapter;
C.
If any such nonconforming use of land ceases for any
reason for a period of more than a year and a day, any subsequent
use of such land shall conform to the regulations specified by this
chapter for the district in which such land is located; and
D.
No additional structure not conforming to the requirements
of this chapter shall be erected in connection with such nonconforming
use of land.
Where a lawful structure exists at the effective
date of adoption or amendment of this chapter that could not be built
under the terms of this chapter by reason of restrictions on area,
lot coverage, height, yards, its location on the lot, or other requirements
concerning the structure, such structure may be continued so long
as it remains otherwise lawful, subject to the following provisions:
A.
No such nonconforming structure may be enlarged or
altered in any way which increases its nonconformity, but any structure
or portion thereof may be altered to decrease its nonconformity;
B.
Should such nonconforming structure or nonconforming
portion of a structure be destroyed by any means to an extent of more
than 50% of its replacement cost at time of destruction, it shall
not be reconstructed except in conformity with the provisions of this
chapter. Any remaining portion of the building or structure shall
be removed from the premises without delay, and in any case, within
180 days of the date of the damage;
C.
In the event that the cost of repair or replacement
is 50% or less of the physical value, the building or structure may
be repaired and used for the same purposes, provided that the original
nonconformity is not exceeded, and repair or reconstruction is begun
with 180 days of the date the building or structure was damaged. The
new construction must comply with all new or revised ordinances other
that the original noncompliance;
D.
When a conforming or nonconforming building is destroyed
by fire, explosion, or by any other cause, the debris from such building
shall be removed from the premises within 30 days so that the same
shall not remain as a nuisance thereon;
E.
Should such structure be moved for any reason for
any distance whatever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved;
F.
Any existing lot on which a building or structure
is located and which lot does not meet the minimum lot size, or a
structure which does not meet all the yard requirements, may have
additions to the principal building and/or construct an accessory
building without an appeal to the Board of Adjustment, provided:
G.
If any such nonconforming use of land ceases for any
reason for a period of more than a year and a day, any subsequent
use of such land shall conform to the regulations specified by this
chapter for the district in which such land is located.
If lawful use involving individual structures
with a replacement cost of $1,000 or more, or of structure and premises
in combination, exists at the effective date of adoption or amendment
of this chapter, that would not be allowed in the district under the
terms of this chapter, the lawful use may be continued so long as
it remains otherwise lawful, subject to the following provisions:
A.
No existing structure devoted to a use not permitted
by this chapter in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved or structurally altered
except in changing the use of the structure to a use permitted in
the district in which it is located. However, within the C1-Commercial
District, any commercial use and structure which existed and was permitted
on May 13, 1992, but is now nonconforming may be extended or enlarged
on one occasion during its permitted nonconformity, provided that
the extension or enlargement does not exceed 50% of the gross floor
area existing on May 13, 1992, and the extension or enlargement does
not violate any other provisions of this chapter or other applicable
town ordinances.
[Amended 3-10-2015 by Ord. No. 15-02]
B.
Any nonconforming use may be extended throughout any
parts of a building which were manifestly arranged or designed for
such use at the time of adoption or amendment of this chapter, but
no such use shall be extended to occupy any land outside such building;
C.
If no structural alterations are made, any nonconforming
use of a structure, or structure and premises, may as a special exception
be changed to another nonconforming use, provided that the Board of
Adjustment, either by general rule or by making findings in the specific
case, shall find that the proposed use is equally appropriate or more
appropriate to the district than the existing nonconforming use. In
permitting such change, the Board of Adjustment may require appropriate
conditions and safeguards in accordance with the provisions of this
chapter;
D.
Any structure, or structure and land in combination,
in or on which a nonconforming use is superseded by a permitted use
shall thereafter conform to the regulations for the district, and
the nonconforming use may not thereafter be resumed;
E.
When a nonconforming use of a structure, or a structure
and premises in combination, is discontinued or abandoned for one
year and a day (except when government action impedes access to the
premises), the structure or premises in combination shall not thereafter
be used except in conformity with the regulations of the district
in which it is located; and
F.
Where nonconforming use status applies to a structure
and premises in combination, removal or destruction of the structure
shall eliminate the nonconforming status of the land. "Destruction"
for the purpose of this subsection is defined as damage to an extent
of more than 50% of the replacement cost at time of destruction.
A.
On any nonconforming structure or portion of a structure
containing a nonconforming use, work may be done in any period of
12 consecutive months on ordinary repairs, or on repair or replacement
of nonbearing walls, fixtures, wiring, or plumbing, to an extent not
exceeding 10% of the current replacement cost of the nonconforming
structure or nonconforming portion of the structure as the case may
be, provided that the cubic content existing when it became nonconforming
shall not be increased.
B.
If a nonconforming structure or portion of a structure
containing a nonconforming use becomes physically unsafe or unlawful
due to lack of repairs and maintenance, and is declared by any duly
authorized official to be unsafe or unlawful by reason of physical
condition, it shall not thereafter be restored, repaired or rebuilt
except in conformity with the regulations of the district in which
it is located.
C.
No structural alterations may be made other than those
ordered by the Code Enforcement Officer to assure the safety of nonconforming
building or structure.
D.
Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any building
or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official.
Any use which is permitted as a special exception
in a district under the terms of this chapter (other than a change
through Board of Adjustment action from a nonconforming use to another
use not generally permitted in the district) shall not be deemed a
nonconforming use in such district, but shall without further action
be considered a conforming use.
