A. 
Purpose and intent.
(1) 
It is the intent of this chapter not to encourage the survival of nonconformities. Such uses are incompatible with permitted uses in the zoning districts involved.
(2) 
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 zone.
B. 
Extension of nonconformities prohibited. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises, or by the addition of other uses of a nature which would be prohibited in the zone involved.
C. 
Impact on ongoing lawful construction. 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, defined in § 120-9.2.1 of this chapter, was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.
A. 
Nonconforming lots of record.
(1) 
In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, 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. 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 zone, provided that yard dimensions shall conform to the regulations for the zone in which such lot is located. Any variance of yard requirements shall be obtained only through action of the Board of Appeals.
(2) 
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are 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 for lot width and area as established by this chapter, 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 which does not meet lot width or area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.
B. 
Nonconforming uses of land. Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1) 
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.
(2) 
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
(3) 
If any such nonconforming use of land ceases for any reason for a period of more than 90 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the zone in which such land is located.
C. 
Nonconforming structures. 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, or other characteristics of the structure or its location on the lot, such structure may be continued subject to § 120-2.4.2E, so long as it remains otherwise lawful, subject to the following provisions:
(1) 
No such structure may be enlarged or altered in a way that increases its nonconformity.
(2) 
Should such structure be destroyed by any means to an extent of more than 25% of its replacement cost at time of destruction as determined by the Zoning Administrator, it shall not be reconstructed as a nonconforming use.
(3) 
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved.
D. 
Nonconforming uses of structures. If a lawful use of a structure, 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 zoning district under the terms of this chapter, the lawful use may be continued subject to § 120-2.4.2E of this chapter, so long as it remains otherwise lawful, subject to the following provisions:
(1) 
No existing structure devoted to a use not permitted by this chapter in the zone in which it is located, except dwellings, shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located.
(2) 
Any nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for 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.
(3) 
If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the Zoning Administrator shall find that the proposed use is equally appropriate or more appropriate to the zone than the existing nonconforming use. In permitting such change, the Zoning Administrator may require appropriate conditions and safeguards in accord with the provisions of this chapter.
(4) 
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 zone in which such structure is located, and the nonconforming use may not thereafter be resumed.
(5) 
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for nine consecutive months or for 15 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.
(6) 
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.
E. 
Repairs and maintenance of nonconforming structure.
(1) 
Any structure lawfully constructed before approval of these regulations may be maintained in the same size, material, manner, location, and construction. Routine repairs to replace damaged or worn-out portions may be performed without requiring a Town zoning permit. Any changes to material, size, dimension, manner, construction, or location require a Town zoning permit as new construction. Repair/replacement of existing structures does not indemnify the owner from encroachments on adjacent properties, or requirements for any state or county permits.
[Amended 8-14-2023 by Ord. No. 2023-002]
(2) 
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.