§ 13.04.230. Nonconforming situations.

(a)

Continuation of use, building or structure. A nonconforming use may be allowed to continue without increasing the levels of the use, and except as otherwise provided in this Section. A nonconforming building or structure may continue to be utilized, but not expanded, except as otherwise provided for in this Section. A nonconforming use or building may be changed to a conforming use or building at any time. Improvements to an existing, nonconforming use or building exceeding fifty percent (50%) of the current use or building size shall warrant the entire use or building being made to conform to appropriate Town codes and regulations.

(b)

Abandonment of use or building. If documented activity and continuous operations on a use or residency in a nonconforming building are not carried on for a period of six (6) months, the use or building, other structure or tract of land where such nonconforming use or building previously existed shall be used or occupied for a conforming use or by a conforming building. Intent to resume active use or occupancy shall not affect the foregoing.

(c)

Restoration. A nonconforming use or building which has been damaged or destroyed by fire or some other natural cause may be restored to its original condition, provided that such work shall be started within three (3) months of such calamity and completed within one (1) year from the time restoration commences, and provided that the cost of restoration does not exceed seventy-five percent (75%) of the replacement cost of the use or building. The Town Council may grant a written extension of time on restoration not to exceed one (1) additional year, upon application by the affected party.

(d)

Unsafe uses of buildings. Any nonconforming building or portion thereof declared unsafe by the Building Inspector may be strengthened or restored to a safe condition, provided that the cost of the improvement does not exceed seventy-five percent (75%) of the replacement cost of the structure.

(e)

Enlargement of a nonconforming use or building. A nonconforming use shall not be enlarged or extended, but normal maintenance of a building, or other structure containing a nonconforming use, is permitted.

(f)

Alteration of a nonconforming building. A nonconforming building may be structurally altered or repaired in any way permitted by these regulations; however, no alterations or repairs shall be made in a nonconforming building which would increase the degree of nonconformity with the location and bulk regulations of this Title.

(g)

Displacement. No nonconforming use shall be altered, extended or restored so as to displace any conforming use.

(h)

Completion. Any building or structure for which a building permit has been issued prior to the effective date of the ordinance codified herein may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commenced within sixty (60) days after the issuance of said permit and diligently prosecuted to completion.

(i)

Enforcement. Failure to comply with this Section is subject to the penalty provisions as outlined in Section 13.03.060 of this Title.

(PLDO Art. IV §23)