10-4-2 NONCONFORMING USES, STRUCTURES AND LOTS

A. Within the zone districts established in Chapter 6 of the Title, there may be lots, structures, and uses of land and structures, which were lawfully established before the adoption of the Code, but which are now prohibited, regulated, or restricted. It is the intent of this section to allow these uses and structures to continue until such time as they are removed or abandoned. B. When a lawful use of the land and structures existed prior to the adoption of the Code but is not permitted by the regulations now imposed by the Code, the use of a structure, or portion thereof, and associated land may continue, provided that: 1. The non-conforming structure and use of the land shall not be enlarged in any way that increases the non-conformity, except through the Conditional Use review process. This does not include normal maintenance and repair of an existing nonconforming structure, which is permitted. A structure may be altered to decrease its non-conformity and bring it more in-line with current Codes. 2. Additional structures shall not be erected in connection with a non-conforming use of land and structure, except when approved as a Conditional Use. 3. If any such non-conforming use of a structure and land, or portion thereof, ceases for any reason for a period of one (1) year, any subsequent use of such land, structure, or portion thereof, shall thereafter be required to conform to the regulations specified in the current Code for the zone district in which it is located, unless a Conditional Use is approved. 4. If any non-conforming structure, or portion thereof, is destroyed by fire or other natural cause or disaster, the non-conforming structure may be restored to its original specifications prior to said disaster. However, if it is not repaired, or replaced within one (1) year from the date of loss, any reconstruction shall be in conformance with the current Code. The Town Board may grant an extension of time based on demonstrated progress toward compliance with this requirement. C. No lot, parcel of land, or interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part so as to create a new non-conforming use, structure, lot or parcel, in order to avoid or circumvent the requirements of the Code. No building permit will be issued for any lot, parcel, or structure which has been transferred, conveyed, sold, subdivided or acquired in violation of the Code. D. A parcel/lot that was lawfully created but does not conform to the minimum area per dwelling unit requirement of the zone district in which it is located, is entitled to no more than one dwelling unit thereon.