ARTICLE IV. - NONCONFORMING USES AND STRUCTURES
Sec. 82-86. - Intent.
Sec. 82-87. - Removal or change of existing structures.
Sec. 82-88. - Lots.
Sec. 82-89. - Uses of land or land with minor structures only.
Sec. 82-90. - Structures and lots.
Sec. 82-91. - Uses of land involving mobile homes.
Sec. 82-92. - Uses of structures and premises in combination.
Sec. 82-93. - Repairs and maintenance.
Secs. 82-94—82-115. - Reserved.
Sec. 82-86. - Intent.
(a)Within the districts established by this land development code, or amendments that may later be
adopted, there exist:
(1)Lots;
(2)Structures;
(3)Uses of land; and
(4)Characteristics of use, which were lawful before this land development code was passed or amended,
but which would be prohibited, regulated or restricted under the terms of this land development code
or future amendment. It is the intent of this land development code to permit these nonconformities to
continue until they are removed, but not to encourage their survival. It is further the intent of this land
development code that nonconformities shall not be enlarged upon, expanded or extended, or be used
as grounds for adding other structures or uses prohibited elsewhere in the same district.
(b)Nonconforming uses are declared by this land development code to be incompatible with permitted
uses in the districts involved. A nonconforming use of structure and land in combination shall not be
extended or enlarged after passage of this land development code, or by the addition of other uses of a
nature which would be prohibited generally in the district involved.
(Ord. No. 91-03, § 1.02(7.13.01), 1-29-91)
Sec. 82-87. - Removal or change of existing structures.
Regulations prescribed in this article shall not be construed to require the removal or change to any
existing structure completed or begun prior to the adoption of this consolidated land development
code. Nonconforming uses, however, are otherwise prohibited. This extends to and includes the
following circumstances:
(1)Nonconforming uses declared by this land development code to be incompatible with permitted uses
in the districts involved shall not be extended or enlarged.
(2)Nonconforming uses shall not be moved in whole or in part to any portion of a lot or parcel other
than that occupied by such use.
(3)No additional structure shall be erected in connection with nonconforming uses of land.
(4)Reconstruction of nonconforming uses destroyed by fire or other calamity to a degree equalling or
exceeding 75 percent of its replacement cost is prohibited.
(5)If any nonconforming use of land ceases for any reason for a period of more than six months, any
subsequent use of such land shall conform to the regulations specified by this chapter and the Code of
Ordinances.
(6)The extraction of natural resources from any district in the town shall be considered nonconforming
until such time as applicable state and federal permits are obtained. No development incompatible with
adjacent land uses shall be permitted by the town (comprehensive plan, policy 7.A.4.2).
(Ord. No. 91-03, § 1.02(7.09.02), 1-29-91)