The lawful use of any building, structure or land existing at the time of the effective date of this chapter may be continued, although such use does not conform to the provisions hereof.
(A) Discontinuance. If a nonconforming use shall be discontinued on a continuous basis for a period of 12 months, except as noted for dwelling units, any subsequent use shall conform to the provisions of this chapter. If the use of a dwelling unit as nonconforming lodging is discontinued on a continuous basis for a period of 30 days, the use shall conform to the provisions of this chapter.
(B) Wear and tear. Nothing in this chapter shall prevent the reconstruction, repairing and continued use of a nonconforming structure or part thereof rendered necessary by wear and tear, deterioration or depreciation.
(C) Restoration. Any nonconforming structure or a conforming building containing a nonconforming use damaged or destroyed by casualty or act of God may be restored within a 12-month period therefrom without impairment to any nonconforming status.
(D) Change of use. A nonconforming use may not be changed to another use unless or without complying with the provisions of this chapter.
(E) Expansion. A nonconforming business use may expand if the expansion does not exceed 50% of the area of the original business. Expansion of a nonconforming business use, other than within an existing building, requires compliance with the district requirements for yards, spacing, percent of lot coverage and all other such regulations. Additional parking area necessitated by such expansion shall not count against the 50% expansion allowance. Where such expansion is an open-land use, a solid masonry wall (or other wall, fence or hedge as may be approved by the Zoning Administrator) must be installed as protective sight screening between the expanded use and any residential zoned lot within 200 feet.
(F) Mixed uses. Nonconforming and conforming uses and structures may be included on the same lot within limits of the district regulations for conforming uses and structures.
(G) Special consideration of qualified non-conforming parcels. A non-conforming parcel is a parcel that fails to meet the minimum requirements (such as area, width or length) as prescribed by its overlying zoning use district. Development of such parcels may be considered provided that an individual parcel qualifies and is subject to the following criteria:
(1) A non-conforming parcel that meets the following criteria is a Qualified Non-Conforming Parcel and may be developed as nearly as possible in conformance with the overlying zoning district:
(a) Was legally created in full conformance with the zoning in place at the time of parcel creation;
(b) Has adequate and properly documented access for ingress and egress;
(c) Meets building setbacks of the overlying zoning district; and
(d) Meets all Town's building code requirements (Town Code Chapter 150).
(2) Following the initial construction and development as above of a Qualified Non-Conforming Parcel, the parcel will thereafter be considered a legal non-conforming use.
(Ord. 08-44 § 202, passed 10-21-2008; Am. Ord. 10-65, passed 3-16-2010)