This article regulates and limits the continued existence of uses, structures, lots, and all accessory uses and structures established prior to the effective date of this chapter that do not conform to the regulations set forth by this chapter in the applicable zoning districts in which such nonconformities are located. Such nonconforming uses, buildings, or lots are subject with the regulations set forth in this article for the purposes of the following:
A. 
To permit these nonconformities to continue, but to minimize any adverse effect on adjoining properties and development.
B. 
To regulate their maintenance and repair.
C. 
To restrict their rebuilding if substantially destroyed.
D. 
To require their permanent discontinuance if not operated for certain periods.
E. 
To require the conformity if they are discontinued, and to bring about the eventual compliance with the objectives of the Town Comprehensive Plan, Town Code, and this chapter.
A. 
Determination of nonconforming status. The determination of any nonconforming use shall be made by the Code Enforcement Officer.
B. 
Restoration. If any such nonconforming use is damaged, a permit for its restoration or reconstruction may be obtained if such application is filed within 120 days of the initial damage or destruction.
C. 
Termination. Certain types of nonconforming uses or structures which present a special nuisance or hazardous condition shall be terminated as follows:
(1) 
Upon a complaint registered with the Code Enforcement Officer from 50% of the property owners within 500 feet of a nonconforming use which is considered to be a general nuisance or a hazard to the health, safety, welfare of persons, uses or structures adjoining such nonconforming use or uses, the Board of Appeals shall hold a public hearing and make findings of fact with respect to the alleged nuisance or hazardous condition and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Board of Appeals, giving due consideration to the reasonable amortization of the capital investment in such uses.
D. 
Repair and alteration. Normal maintenance and repair of, and incidental alteration to a building occupied by a nonconforming use are permitted if they do not extend the nonconforming use. No structural alteration or enlargement shall be made in a building occupied by a nonconforming use, except where required by law, i.e., court ordered, or to adapt a building to a conforming use or to any other use permitted under Subsection E or in a building occupied by a nonconforming use permitted to extend under Subsection F.
E. 
Change of use. A nonconforming use may not be changed to a more intensive nonconforming use nor shall a conforming use be changed to a nonconforming use. Any nonconforming use when changed to a conforming use shall not thereafter be changed back to a nonconforming use. A nonconforming use, building, or structure shall not be enlarged except upon the issuance of a variance from the Board of Appeals.
F. 
Extension of nonconforming use. The extension, expansion, or enlargement of a nonconforming use shall require the approval of a use variance by the Zoning Board of Appeals (see Article 55 of this chapter). Extension, expansion, or enlargement shall mean:
(1) 
The enlargement of such building so as to create additional floor space.
(2) 
The extension within any existing building to any portion of the floor area not formerly used for such nonconforming use, except where such additional floor area was manifestly designed for such use at the time such use became nonconforming.
(3) 
The extension of the use to any area outside of the building.
(4) 
In the case of a nonconforming, nonbuilding land use, the use of any additional land on which no substantial operations were previously conducted, provided that any such extension or enlargement is on the same lot occupied by the nonconforming use on the effective date of this chapter.
(5) 
An accessory building to a legally existing nonconforming residential use, in a nonresidential zoning district, is permitted by right, provided that the accessory building meets the minimum yard requirements for the district in which the property is located, and provided that the accessory building complies with all other requirements for such buildings.
G. 
Discontinuance or abandoning of use. A nonconforming use that has been discontinued for 12 consecutive months shall not be reestablished and any future use shall be in conformance with the provisions of this chapter. Where multiple uses exist, partial abandonment shall take place for those specific uses that meet the aforementioned criteria. The following conditions, which are not exclusive, shall contribute towards the discontinuance and abandonment of a use or structure:
(1) 
Failure to occupy the property to continue the nonconformity;
(2) 
Failure to maintain regular business hours, typical or normal for the use (past operations of the use and/or industry standards may be used to determine typical hours);
(3) 
Failure to maintain any equipment, supplies, stock, or utilities that would be used for the active operation of the use; or
(4) 
Failure to maintain, or renew when expired, any valid Federal, State, or local permit or license that is required for the active operation of the use.
H. 
Nonconforming parking and loading facilities. A building, use or occupancy lawfully existing at the time this chapter or any amendment thereto becomes effective, but which does not conform to the off-street parking and loading requirements, may be occupied or continued without such facilities being provided. Any such spaces that may be provided thereafter shall comply with the requirements of Article 41. If an existing building, use or occupancy is altered so that there is an increase in the number of dwelling units, seating capacity, employees or floor area, or if the use is changed to one requiring more off-street parking and loading spaces, the number of such spaces shall be provided at least equal to the number required for the increased area of the building or use in accordance with all provisions of Article 41.
I. 
Existing nonconforming lots. In any zone where a nonconforming lot exists as a separate entity at the time of passage of this chapter and where the owner of the nonconforming lot does not own an adjoining lot, the following development is permitted:
(1) 
If the lot is located in a district where residential uses are permitted, a single-family dwelling may be constructed on it as a permitted use, provided that the lot is in at least 75% compliance with each of the following requirements for a single-family dwelling, as specified for the district in which the lot is located; lot area, lot width, rear yard, side yard and maximum building coverage.
(2) 
If the lot is located in any remaining district, then a structure not exceeding two stories in height may be constructed on it for a use permitted in the district in which it is located.
J. 
District changes. Whenever the boundaries of a district shall be changed so that more restrictive provisions hereof apply to a lot or use, the foregoing provisions shall also apply to any nonconforming use existing therein or created thereby.
K. 
Lots in more than one district. Where a zoning district boundary line divides a lot in single ownership at the effective date of this chapter, leaving part subject to more permissive regulations and part subject to more restrictive regulations, the Board of Appeals after public hearing may permit an extension of the use of that lot into the district where it is otherwise prohibited, provided that the extension does not extend more than 50 feet into that district. Furthermore, the Zoning Board of Appeals may impose conditions on that extension to protect a neighboring property.