§ 6.1. Nonconforming uses, lots and structures.

A.

Intent. The purpose of this section is to regulate the continued existence of uses, lots, and structures lawfully established prior to the effective date of this ordinance or any amendment thereto which do not conform to the provisions of this ordinance and which have not obtained special exception status. Nonconforming uses, structures and lots of record may continue in accordance with the provisions of this section.

B.

Nonconforming uses.

1.

Unless a variance is granted, nonconforming uses shall not be extended or enlarged. This prohibition is to prevent the enlargement of nonconforming uses by external additions to the structure in which nonconforming uses are located.

2.

Nothing in this ordinance 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 town official charged with protecting the public safety, upon order of such official. Repairs and alterations that restore a building to the same condition that existed prior to damage or deterioration, altering the building only in conformity with the provisions of this ordinance in such a manner that does not extend or increase an existing nonconformity may be made with the same kind of materials as those of which the building is constructed.

3.

Normal maintenance and repair of nonconforming uses may be performed.

4.

A structure housing a nonconforming use may not be moved unless the use shall thereafter conform to the limitations of the district into which it is moved.

5.

A nonconforming use shall not be changed to any other use unless such use conforms to the provisions of this ordinance. However, a nonconforming use may be changed to another nonconforming use provided the change of use is less intense with less impact on the surrounding area.

C.

Termination.

1.

Abandonment or discontinuance.

a.

Subject to subsection 2. below, where a nonconforming use is discontinued or abandoned for six (6) months or more, then such use may not be reestablished or resumed and any subsequent use must conform to the provisions of this ordinance, unless a variance is granted.

b.

In construing whether a use has been discontinued or abandoned, the intention of the owner or anyone else to continue a nonconforming use shall not be considered; abandonment of a nonconforming use by a lessee shall not bind the owner provided that the owner obtains legal control of the use within a reasonable time after abandonment by the lessee; abandonment due to institution of foreclosure proceedings shall not constitute abandonment under the provisions of this section until the mortgagee or purchaser at foreclosure sale takes possession or gains by a recorded legal transfer.

2.

Damage or destruction. If a structure housing a nonconforming use is damaged or destroyed by fifty (50) percent or more of the fair market value of the structure, then the structure may not be restored unless its use thereafter conforms to the provisions of this ordinance. When such damage is fifty (50) percent or less of the fair market value of the structure as it existed immediately prior to such damage, such structure may be repaired and reconstructed and used for the same purposes it was before the damage or destruction, provided that such repair or reconstruction is commenced and substantially completed within twelve (12) months of the date of such damage or destruction. For purposes of these regulations the building official will accept the assessed value of the improvements as the fair market value or the value as determined by the planning commission on appeal of the building official's determination.

D.

Nonconforming structures.

1.

Normal maintenance and repair of nonconforming structures shall be performed.

2.

A nonconforming structure, which is moved, shall thereafter conform to the regulations of the district in which it is located after such move.

3.

Termination.

a.

Abandonment. Where a nonconforming structure is abandoned for one (1) year, then such structure shall be removed or converted to a conforming structure, unless a variance is granted.

b.

Damage or destruction. A nonconforming structure, which is damaged or destroyed to the extent of fifty (50) percent or more of the fair market value of said structure, shall not be restored unless it conforms to the provisions of this ordinance.

E.

Nonconforming lots of record. Notwithstanding any other provision of this ordinance, a nonconforming lot of record may be developed with a single-family dwelling.

F.

Nonconforming accessory uses and structures. No nonconforming accessory use or structure shall continue after the principal structure or use shall have ceased or terminated unless such structure or use shall thereafter conform to the provisions of the district in which it is located, unless a variance is granted.