(A) Categories of non-conformities. Within the districts established by this chapter, or amendments that may later be adopted, there exist:
(1) Lots and uses of land;
(2) Buildings and structures;
(3) Uses of land and buildings in combination; and
(4) Characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these non-conformities to continue under regulations contained herein until they are removed, but not to encourage their survival. It is further the intent of this chapter that such non-conformities shall not be enlarged upon, expanded or extended, nor be used as ground for adding other buildings and structures or uses prohibited elsewhere in the same district.
(B) Non-conforming uses regulated. Non-conforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. No non-conforming use of land or buildings, nor any nonconforming structure shall be enlarged, changed, altered, or repaired except in conformance with the regulations contained in this section.
(C) Non-conforming status. Any use, lot, or structure which does not conform to the regulations of the zoning district in which it is located, is non-conforming when:
(1) The use, lot, or structure was in existence and lawfully operating on the date of the passage of this chapter, and has since been in regular and continuous use; or
(2) The use, lot, or structure is lawful at the time of the adoption of any amendment to this chapter but because of the amendment, no longer complies with applicable regulations; or
(3) The use, lot, or structure was in existence at the time of annexation to the town and has since been in regular and continuous use.
(D) Non-conforming lots of record. In any district in which residential, commercial, or industrial buildings are permitted, buildings may be erected on any single lot of record, or multiple lots of contiguous street frontage in the same ownership, which were recorded prior to the effective date of this chapter. This provision shall apply even though such lot or lots fail to meet the minimum requirements for area, width, or both, as governed by the applicable area regulations for that particular zoning district; however, all other provisions of the applicable zoning district area regulations shall apply. Any required variances shall be obtained only through the Zoning Board of Adjustment.
(E) Non-conforming uses of land. Where at the time of passage of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided:
(1) No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(2) No such non-conforming use shall be moved, in whole or in part, to any portion of the same lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter.
(3) If any such nonconforming use of land is deemed to be abandoned for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(F) Non-conforming buildings. Where a lawful building exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the building, such building may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No such non-conforming building may be enlarged or altered in a way which increases its non-conformity, but any building or portion thereof may be altered to decrease its non-conformity or to comply with town building codes.
(2) Should such non-conforming building or non-conforming portion of a building be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter, or when approved by the Zoning Board of Adjustment, after public hearing thereon, when the Board's findings, having due regard for the property rights of persons affected, were considered in the light of public welfare and the character of the area surrounding the non-conforming building and the conservation and protection of property.
(3) Should such building be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.
(G) Non-conforming uses of buildings. If lawful use involving individual buildings exists at the effective date of adoption or amendment of this chapter, that would not be allowed in a particular district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) No existing building devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the building to a use permitted in the district in which it is located, or to comply with town building codes.
(2) Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
(3) If no structural alterations are made, except as required by the town's building codes, any non-conforming use of a building, or building and premises, may be changed to another non-conforming use provided that the Zoning Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Zoning Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this chapter.
(4) Any building in which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(5) When a non-conforming use of a building is discontinued or abandoned for six consecutive months, the building shall not thereafter be used except in conformity with the regulations of the district in which it is located.
(6) Where non-conforming use status applied to a building and premises in combination, removal or destruction of the building shall eliminate the nonconforming status of the land. DESTRUCTION for the purpose of this division is defined as damage to an extent of more than 50% of the replacement cost at time of destruction.
(7) Where non-conforming use status applies to a conforming building, such use shall be immediately terminated upon transfer to another ownership or lease.
(H) Repairs and maintenance.
(1) On any non-conforming building or portion of a building containing a non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50% of the current replacement cost of the non-conforming building or non-conforming portion of the building, as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.
(2) If a non-conforming building or portion of a building containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized town official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(3) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(I) Non-conforming uses discontinued. A non-conforming use of any building or structure which has been discontinued shall not thereafter be returned to any non-conforming use. A non-conforming use shall be considered discontinued when:
(1) It has been replaced with a conforming use; or
(2) Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the equipment and furnishings of the non-conforming use have been removed from the premises and have not been replaced within such six month period; or
(3) The intention of the owner to permanently discontinue the use is apparent.
(J) Changes that lessen non-conformity. Changing to a more restricted or less intensive non- conforming use that lessens the extent of the original non-conformity may be permitted by the Zoning Board of Adjustment.
(K) Certificate of occupancy. No non-conforming building or use shall be maintained, renewed, changed or extended until a certificate of occupancy shall have been issued by the administrative official. The certificate of occupancy shall state specifically wherein the non-conforming use differs from the provisions of this chapter, provided that upon enactment or amendment of this chapter, owners or occupants of non-conforming uses or buildings shall have three months to apply for certificates of occupancy. Failure to make such application within three months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this chapter.
(Ord. 312, passed 6-22-2010)