Following a determination by the BOA of the existence of a legal non-conforming use, the use shall comply with the following requirements.
(A) As provided by the Act, a legal non-conforming use may be continued by the present or future property owner.
(B) As provided by the Act, a legal non-conforming use may be extended through the same building; provided, no structural alteration of the building is proposed or made for the purposes of the extension. As provided by the Act, for the purposes of this section, the addition of a solar energy device to a building is not a structural alteration.
(C) Necessary maintenance and repairs may be made to a structure housing a legal non-conforming use by following the procedures for any approval, permit or license, including the issuance of a building permit, for such maintenance and repairs, as required by this chapter, as adopted, and all other land use ordinances and requirements, as applicable.
(D) As provided by the Act, the town may require the termination of a legal non-conforming use by providing a formula establishing a reasonable time period during which the owner can recover or amortize the amount of his or her investment in the non-conforming use.
(E) As provided by the Act, the town may not terminate a legal non-conforming use of a structure that is involuntarily destroyed in whole or in part due to fire or other calamity unless the use has been abandoned.
(F) As provided by the Act, a legal non-conforming use of a structure shall terminate if:
(1) The structure is allowed to deteriorate to a condition that the structure is rendered uninhabitable and is not repaired or restored within six months after written notice is provided to the property owner, by the Zoning Administrator, that the structure is uninhabitable and that the non- conforming use will be lost if the structure is not repaired or restored within six months; or
(2) The property owner has voluntarily demolished a majority of the building that houses the non-conforming use.
(G) A legal non-conforming use may only be changed to a use allowed in the Table of Uses for the zoning district in which the property is located, by following the approval procedures for such use, as required by this chapter, as adopted, and all other land use ordinances and requirements, as applicable.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1311)