After the effective date of this chapter, land, lots or structures, or the uses of land, lots or structures which would be prohibited under the regulations for the district in which it is located, shall be considered as nonconforming. Such nonconformities may continue if uninterrupted; provided, however, that if a nonconforming use or building is abandoned, vacated or otherwise discontinued for a period of more than 180 days, any future use or development of the land or building shall be in conformity with all provisions of this chapter.
(A) Nonconforming lots.
(1) Minimum single lot requirements. Where the owner of a lot at the time of the adoption of this chapter, or his or her successor in title thereto, does not own sufficient land to enable him or her to conform to the dimensional requirements of this chapter, such lot may be used as a building site for a single-family residence with related accessory buildings in a district in which residences are permitted. There shall be no alteration of the minimum yard requirements on such lot except where the Town Board of Adjustment finds, after a public hearing, that the values of the neighboring properties would not be unduly depreciated nor would the public safety or welfare be impaired by such action.
(2) Minimum multi-lot requirements. If two or more adjoining and vacant lots of record are in a single ownership at any time after the adoption of this chapter, such lots shall be considered as a single lot or several lots which meet the minimum requirements of this chapter for the district in which such lots are located. No portion of said parcel shall be used or sold which does not meet the area and width requirements established by this chapter, nor shall any division of the parcel be made which leaves any lot remaining with width or area below the requirements of this chapter.
(B) Nonconforming uses of land and/or buildings.
(1) Nonconforming use of land or structure shall not hereafter be enlarged or extended in any way.
(2) Any nonconforming uses of land or structure may be changed to any conforming use or with the approval of the Board of Adjustment to any use or structure more in character with the uses permitted in the district. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this chapter.
(3) Should any nonconforming structure or use of land be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is relocated.
(4) Normal maintenance, repair and incidental alteration in a building occupied by a nonconforming use are permitted provided it does not extend the nonconforming use.
(5) If a building occupied by a nonconforming use or nonconforming building is destroyed by any means to an extent of more than 80% of its appraised value for tax purposes at the time of destruction, such building may not be restored for any nonconforming use.
(6) Class C manufactured homes (pre-July 1, 1976) located on individual lots in the R6 MH and RA Districts may continue as nonconforming uses; replacement of such shall be either Class A or Class B manufactured homes (July 1, 1976 or newer singlewides, doublewides or triplewides).
(Ord. passed 9-3-1986; Ord. O-2006-09, passed 12-5-2006; Ord. passed 5-6-2008)