(A) Continuance. An existing structure that lawfully existed as of the passage of this code and that remains nonconforming, and any nonconformity that is created as a result of the adoption of this code or any subsequent amendment to the text of this code, may be continued or maintained as a nonconformity only in accordance with the terms of this section.
(B) Expansion, enlargement and modification. No nonconforming structure may be enlarged or altered in a way that increases its nonconformity, unless expansion or alteration of a nonconforming structure complies with development standards of the zoning district in which it is located, including but not limited to, setbacks applicable to the use for new construction, parking regulations and landscaping and screening requirements of this code, and all other applicable codes and ordinances of the town.
(C) Destruction and replacement. Any nonconforming structure when damaged or destroyed by force majeure, may be restored without impairment to any nonconforming status, provided:
(1) If more than 50% of the current assessed value of any nonconforming structure is destroyed, it shall not be reconstructed unless it is made to conform to the requirements of this code.
(2) If less than 50% of the current assessed value of any nonconforming structure is destroyed, it may be reconstructed as long as a building permit is submitted within 90 days after the date of destruction, provided the resulting structure complies with current building codes and the size and function of the nonconforming use shall not be expanded. Upon written request, the Zoning Administrator may grant a one-time extension for the submittal of a building permit application.
(3) An appraisal, paid for by the owner, shall determine the above assessed value. The appraisal must be done by an appraiser who has an appraiser license/certification from the state.
(Ord. 2020-02, passed 4-13-2020)