The purpose of this section is to regulate nonconforming uses, nonconforming buildings and structures, and nonconforming lots of record. The zoning districts established by this chapter are designed to guide the future use of the Town's land by encouraging the development of desirable residential, commercial and other uses with appropriate groupings of compatible and related uses to promote and protect the public health, safety and general welfare. The regulations of this section are intended to restrict further investments that would make nonconformities more permanent in their location in inappropriate districts as well as to afford opportunities for creative use and reuse of those other nonconformities that contribute to a neighborhood and are consistent with the goals of the Comprehensive Plan. At the same time, vested rights and the right for owners to develop on substandard lots shall be protected.
A. 
Continuation of nonconforming use. Any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained in this section. Ordinary repair and maintenance or replacement, and installation or relocation of nonbearing walls nonbearing partitions, fixtures, wiring or plumbing, may be performed.
B. 
Structural alteration or enlargement of nonconforming use. No structure containing a nonconforming use shall be structurally altered or enlarged unless such use shall thereafter conform to the regulations of the zoning district in which it is located. No parking, yard, space or dimensional nonconformity may be created or increased.
C. 
Change of nonconforming use to conforming.
(1) 
Whenever any nonconforming use shall have been changed or altered so as to conform to the provisions of this chapter or its amendments, then such nonconforming use shall no longer be nonconforming to the extent to which it then conforms to this chapter or its amendments.
(2) 
The prior nonconforming use shall not be resumed; provided, however, that if a later amendment to this chapter should make the use as so changed or altered nonconforming with its provisions then such use, as changed or altered, shall become a new nonconforming use to the extent of such nonconformance or noncompliance.
D. 
Expansion or extension of nonconforming use. No nonconforming use may be extended or expanded in any building or structure, or in or on the lot on which it is located, nor may any nonconforming use be moved to a different position upon the lot on which it is located, so as to alter the use or its location which existed at the time that the use became nonconforming.
E. 
Abandonment or discontinuance of nonconforming uses.
(1) 
In the event that any nonconforming use or a building or structure containing a nonconforming use, in or on the land, or within a building or structure or portion thereof, is abandoned or ceases, such nonconforming use shall not be resumed. A nonconforming use shall be presumed abandoned when one of the following conditions exists:
(a) 
When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one year unless other facts show intention to resume the nonconforming use.
(b) 
When a nonconforming use has been discontinued for a period of one year.
(c) 
When a nonconforming use has been replaced by a conforming use.
(d) 
When a nonconforming use has been changed in accordance with this section.
(2) 
Any subsequent use thereof shall conform to the applicable provisions of this chapter or its amendments and the prior nonconforming use shall not be resumed, unless in accordance with the applicable provisions of this chapter or its amendments.
(3) 
Nothing in this part shall prevent the strengthening or restoring to a safe condition of any portion of a building that is declared unsafe by a proper authority.
(4) 
Nothing in this part shall be interpreted as authorization for the continuation of the illegal use of a structure or premises or construction of a structure or building in violation of zoning regulations in existence at the time of enactment of this part.
F. 
Nonconforming accessory uses and structures. No use, structure or sign that is accessory to a principal nonconforming use shall continue after such principal use or structure has been abandoned or removed, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.
A. 
Continuance. Any nonconforming structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in this section.
B. 
Enlargement, repair or alterations. Any nonconforming structure may be enlarged, maintained, repaired or altered provided no additional nonconformity is created or the degree of the existing nonconformity is not increased.
C. 
Damage or destruction.
(1) 
In the event that any part of a nonconforming structure which contributed to its nonconformity is damaged or destroyed, by any means, to the extent of more than 50% of the fair market value of the structure before being damaged, such part shall not be restored unless it shall thereafter conform to the regulations of the zoning district in which it is located.
(2) 
When such a part of a nonconforming structure is damaged or destroyed, by any means, to the extent of 50% or less of the fair market value of the structure before being damaged, no repairs or restoration except in conformity with the applicable zoning district regulations shall be made unless a building permit is obtained and restoration is actually begun within six months after the date of such partial destruction and completed within one year.
D. 
Moving. No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
A. 
Any lot that existed before adoption of this chapter, but does not meet the lot area or lot width requirements of this chapter, may still be developed by any use which is permitted within the district.
B. 
If necessary, setback requirements may be reduced proportionally to the amount of nonconformance.
A. 
Continuance. Subject to the limitations and termination provisions hereinafter set forth, any lawfully existing nonconforming sign may be continued so long as it otherwise remains lawful after the effective date of this chapter.
B. 
Alteration, expansion, moving. No nonconforming sign shall be:
(1) 
Changed or altered in any manner which would increase the degree of its nonconformity;
(2) 
Expanded;
(3) 
Changed or altered to prolong its useful life; or
(4) 
Moved in whole or in part to any other location where it would remain nonconforming.
C. 
Termination of nonconforming signs.
(1) 
Termination by abandonment. Any nonconforming sign, the use of which is discontinued for a period of 90 days, regardless of any intent to resume or not to abandon such use, shall be deemed to be abandoned and shall not thereafter be reestablished. Any period of such discontinuance caused by government actions, strikes, material shortages or forces of nature, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this subsection.
(2) 
Termination by change of business. Any nonconforming sign advertising or relating to a business on the premises on which it is located shall be terminated upon any change in the ownership or control of such business.
(3) 
Termination by damage or destruction. Any nonconforming sign damaged or destroyed, by any means, to the extent of 35% of its replacement cost new shall not be restored but shall be terminated.