9-1-12: NONCONFORMING STRUCTURE:
A. The town council finds and determines that nonconforming structures are disfavored because they reduce the effectiveness of land use regulations and depress property values. The purpose of this section is to require that nonconforming structures be made conforming with the absolute policies of this chapter as rapidly as possible. Accordingly, it is the intent of this section to allow for the continuation of nonconforming structures only so long as they meet the requirements of this section. To that end, this section shall be interpreted and construed to restrict, rather than increase, nonconforming structures. Additionally, the provisions of this section that allow for the continuation of nonconforming structures shall be strictly construed, and the provisions of this section that restrict nonconforming structures shall be liberally construed.
B. If a nonconforming structure is discontinued from active and continuous use for a period of six (6) months, the structure shall not be occupied or used again until it has been brought into compliance with the absolute policies of this chapter.
C. A nonconforming structure which is once brought into compliance with the absolute policies of this chapter shall not be changed back to a nonconforming state.
D. A nonconforming structure which is damaged by fire or other calamity shall be repaired or reconstructed to the same degree or area of nonconformity as existed immediately prior to the occurrence of such damage.
Exceptions:
1. Neither the density nor the mass of the nonconforming structure shall be increased in connection with the repair or reconstruction of the structure.
2. The nonconforming structure shall be brought into conformance with the absolute policies of this chapter to the extent possible. Any absolute policy with which the structure was not in compliance immediately prior to the structure being damaged shall not be deemed to be applicable to an application for a development permit to repair or reconstruct the nonconforming structure.
3. A development permit authorizing the repair or reconstruction of the nonconforming structure shall be obtained in accordance with the requirements of this chapter. All applicable absolute and relative policies of this chapter shall apply to any such development permit application.
4. A building permit for the repair or reconstruction of a damaged nonconforming structure shall be obtained from the building official. The repair or reconstruction of a damaged nonconforming structure shall be done in accordance with the requirements of the then current town building codes as adopted by title 8, chapter 1 of this code.
A development permit to repair or reconstruct a damaged nonconforming structure shall be classified according to the normal development permit classification requirements of this chapter, or as a Class B development permit application, whichever classification is higher.
An application for a development permit to repair or reconstruct a damaged nonconforming structure shall be processed in accordance with the applicable requirements for a development permit application of such classification as provided in this chapter. To the extent the provisions of this subsection D are inconsistent with such requirements, the provisions of this subsection D shall control.
E. No nonconforming structure shall be structurally altered or expanded in any way that would increase the degree or area of nonconformance.
F. Any addition to or alteration of a nonconforming structure shall be done only pursuant to a development permit obtained in accordance with the requirements of this chapter. All applicable absolute and relative policies of this chapter shall apply to any such development permit application. Exception: An existing nonconforming structure shall not be required to be brought into compliance with the absolute policies of this chapter in connection with an addition to or alteration of such structure.
G. A building or structure which is erected or altered without a development permit from the town, or in a manner which does not comply with a development permit issued by the town, shall not be considered to be a nonconforming structure under this section. (Ord. 41, Series 2002; amd. Ord. 21, Series 2004; Ord. 9, Series 2023)