A. General Requirements:
1. Except as otherwise required by law, a lot, structure, or use legally established before the adoption of the Ordinance codified herein, and in conflict with the Ordinance codified herein, is considered a legal nonconformity and may be maintained or continued unchanged.
2. Any legally existing lot which is nonconforming because of the width or area requirements of this Ordinance may be used for any use permitted in the zone within which it lies, and any permitted structure may be built upon it, provided the use or structure can be developed to meet all other applicable regulations.
3. In other than criminal proceedings, the owner, occupant, or user shall have the burden of showing that a nonconforming lot, use, or structure was lawfully established prior to the effective date of the Ordinance codified herein.
B. Discontinuance:
1. Uses: Any lot or structure, or portion thereof, occupied by a nonconforming use, which is or hereafter becomes vacant and remains unoccupied by the same nonconforming use for one year, shall not be thereafter be occupied, except by a use which conforms to this Ordinance.
2. Structures: Any nonconforming structure destroyed by fire, explosion, act of God, or act of the public enemy to the extent of seventy five percent (75%) or more of its value, according to an appraisal thereof by competent appraisers, then and without further action by the Town, must be discontinued and the future use thereof, from and after the date of such destruction, shall be subject to all the regulations of this Ordinance.
C. Expansion: A nonconforming use or structure may be enlarged, extended, structurally altered, changed or modified with approval of a permit by the Planning and Zoning Commission after a public hearing has been held on the proposed action. Nonconforming uses and structures may be expanded up to fifty percent (50%), provided such expansion can meet all applicable development standards.
D. Permit Application; Processing: Applications for permits to modify a nonconforming use or structure may be approved by the Planning and Zoning Commission after a public hearing. Such applications must include:
1. A scale drawn site plan showing the existing and proposed development of the property.
2. Statements demonstrating how the proposed modification will meet the criteria for such modifications.
3. The names and addresses of all abutting property owners who will be notified by the Town of the public hearing date for consideration of the application.
E. Permit Evaluation Criteria: A permit for a modification to a nonconformity may be approved by the Planning and Zoning Commission if it can be shown that it will:
1. Assure:
a. Adequate control of disruptive activities both inside and outside of premises which might prove a nuisance to surrounding properties;
b. Compatibility with existing surrounding uses and structures; and
2. Not result in:
a. Significant increases in vehicular or pedestrian traffic in adjacent areas;
b. Additional nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat, or glare;
c. Contributions to the deterioration of the neighborhood, or the reduction of property values. (Ord. 132, 6-10-1997)