(A) Existing uses of property within an area of special flood hazard that do not comply with the provisions of this chapter may be continued, regardless of change in occupant, so long as the following conditions are met:
(1) The use was lawful and proper at the time it was originated;
(2) The use does not cease for a period exceeding 90 days;
(3) The primary structure in which the use is conducted is not determined to be substantially damaged or condemned for occupancy; and
(4) The use is otherwise compliant with all applicable town ordinances and state laws.
(B) In the event that a nonconforming use fails to meet one of these criteria, its nonconforming status is terminated, and it must be discontinued unless or until it can be reinitiated in such a way as to be compliant with this chapter and all other applicable regulations. In the event a nonconforming use is terminated, the Floodplain Administrator may order all remnants of that use removed from any area of special flood hazard within 30 days, or sooner if these items pose a threat to life or property.
(Ord. 381, passed 8-12-2021)