The purpose of this chapter is to limit the number and extent of nonconforming uses and structures. While permitting the use and maintenance of nonconforming buildings and signs, this chapter limits the number and extent of nonconforming buildings and signs by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in Title 17 and by prohibiting their restoration after destruction. Eventually, certain classes of nonconforming uses, buildings and signs are to be eliminated or altered to conform. The following specific rules and regulations established in this chapter shall apply to legal nonconforming uses, buildings, signs, and substandard parcels.
(Ord. 21-501 § 9)
The following general conditions shall apply:
A. 
Lot of Record.
1. 
A lot of record, created prior to adoption of the ordinance codified in Title 17, that has dimensions greater or less than required, may nevertheless, be occupied legally by a dwelling or building if all other requirements of Title 17 are met; and
2. 
An existing building that occupies a nonconforming lot of record, but that conforms to use regulations, shall not be considered a nonconforming building, provided it is not altered or enlarged to increase the discrepancy between existing conditions on the lot and regulations for new construction established in this title.
B. 
Legal Nonconforming Uses.
1. 
Where all legal nonconforming uses of a building originally designed or built for commercial or industrial purposes are discontinued for a continuous 12 months or more, any subsequent uses of such buildings must be conforming;
2. 
As regulated by this chapter and upon approval of a use permit, the legal nonconforming use of a building or premises may be changed to another use category which requires issuance of a Use Permit as required by the applicable zoning district; and
3. 
Whenever a legal nonconforming use has been discontinued for a continuous period of one year or whenever there is otherwise evident a clear intent on the part of the owner to abandon a legal nonconforming use, such use shall not be reestablished, and the use of the premises thereafter shall be in conformance with the regulations for the district and this title. This one-year period may be extended by the Town Council upon showing of good cause.
C. 
Legal Nonconforming Buildings.
1. 
No building in which the use is nonconforming in any substantial part, shall be structurally altered without securing a use permit approval. As a condition of use permit approval, the Town Council may require that the building from then on maintain a conforming use;
2. 
A nonconforming building may be enlarged or extended only upon approval of a use permit. The Town Council may require, as a condition of this approval, that the building maintain a conforming use from then on;
3. 
A nonconforming building may be enlarged or extended only when such addition or alteration complies with all applicable provisions of Title 17;
4. 
No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by the nonconforming use;
5. 
No legal nonconforming use may be enlarged or extended in such a way as to occupy any land beyond the boundaries of the lot as it existed at the effective date of the ordinance codified in Title 17, or to displace any conforming use in the same building or on the same parcel; and
6. 
Any legal nonconforming building which has been destroyed by fire or other calamity may be reconstructed or reestablished as existed prior to destruction within one year. This one-year period may be extended by the Town Council with good cause.
D. 
Legal Nonconforming Signs.
1. 
A legal nonconforming sign may not be redimensioned or relocated unless it conforms to the standards of Title 17, and is issued an approved sign permit as provided in Chapter 17.152. Changes to the text or color of a legal nonconforming sign shall be approved by the Planning Officer if such changes bring the sign into closer conformance with Chapter 17.152, Signs; and
2. 
Whenever a use permit application is made in compliance with Chapter 17.200, Use Permits, the Town Council shall require that any signs attached or located on the premises or building shall conform to Chapter 17.152, Signs, of this title.
(Ord. 21-501 § 9)
Nonconforming uses, buildings and signs are permitted as follows:
A. 
Any use, lawfully occupying a building or land at the effective date of the ordinance codified in Title 17 or its amendments, that does not conform to use regulations for the area in which the use is located, shall be considered a legal nonconforming use and may be continued, except as otherwise provided in this chapter;
B. 
Any building, lawfully existing at the effective date of the ordinance codified in Title 17 or its amendments, that is lawfully used, or designed for use contrary to regulations of the district in which it is located, shall be a legal nonconforming building and may be so used or continue in such use, except as provided in this chapter. Maintenance and repairs necessary to keep a legal nonconforming building in sound condition during such continuance shall be permitted;
C. 
Any sign lawfully existing at the effective date of the ordinance codified in Title 17 or its amendments, that does not conform to the standards of Title 17 shall be a legal nonconforming sign and may be continued except as provided in this chapter. Maintenance and repairs necessary to keep a legal nonconforming sign in sound condition during such continuance shall be permitted; and
D. 
Any building, sign or use for which a permit has been lawfully granted prior to the effective date of an amendment to the ordinance codified in Title 17, may be completed and used in accordance with the approved plans, provided construction is started and diligently pursued to completion in accordance with applicable Town building codes. This building, sign or use shall from then on lawfully exist.
(Ord. 21-501 § 9)