A legal nonconforming building (which shall also include structures or fences) may continue only in the manner and to the extent that it existed at the time of such enactment, amendment, or annexation, subject to the following provisions:
A. Routine repairs or maintenance of legal nonconforming buildings is permitted.
B. Any legal nonconforming building, which has been damaged by fire, windstorm, flood, or some similar abnormal and identifiable event or decay, for which the cost of restoring the structure to its original condition does not exceed fifty percent (50%) of the assessed valuation, may be reconstructed and used as before; provided, that a building permit is secured, reconstruction is started within six (6) months from the date of damage, and such reconstruction is diligently pursued to completion. The zoning administrator may determine that such delay in reconstruction was caused by unforeseen circumstances beyond the control of the owner of the premises and permit a reasonable extension of time for reconstruction.
C. Any legal nonconforming building, which has been damaged by fire, windstorm, flood, or some similar abnormal and identifiable event or decayed to an extent exceeding fifty percent (50%) of its most recent, predamage valuation, as determined by a qualified appraiser, and as approved by the zoning administrator, any repair, replacement, or reconstruction of the development on the site shall lose any legal nonconforming status and may not be restored, reconstructed, replaced or used except in conformity with the provisions of the zoning district it is located in and this title.
D. A legal nonconforming building which ceases to be used for a period of three hundred sixty five (365) consecutive days shall lose all nonconforming status and shall be retrofitted to comply with all applicable building codes and this title.
E. This title shall not prohibit the continued occupancy of a manufactured home located and occupied as a private residence within the town at the time of adoption hereof which may not be located within a manufactured home overlay district or which may not be in compliance with the design standards of section 10-10B-6 of this title. Any existing manufactured home that is not in compliance with the design standards of section 10-10B-6 of this title at the time of the adoption hereof shall be brought into compliance, with said design standards, as additions or alterations to the structures are requested. Any existing manufactured home, even if it is not located within a manufactured home overlay district, may be replaced in its entirety only with a manufactured home that is in compliance with all of the design standards of section 10-10B-6 of this title and other provisions of this title. (Ord. 03-2005, 9-6-2005)