Chapter 175 ZONING.

Section 175-131                        NONCONFORMING USES OF STRUCTURES OR BUILDINGS.

Lawful uses of structures or buildings which, at the effective date of this chapter or as a result of subsequent amendments thereto, become nonconforming may be continued by the present or any subsequent owner so long as such use remains otherwise lawful, subject to the following provisions:

A. Extension.  A nonconforming use may be extended only if the Town Council approves a special permit after review and recommendation of the Planning Commission.

B. Change of use.  Such nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use.  A nonconforming use may, by special permit, be changed to another nonconforming use, provided that the Town Council shall find that the proposed use is equally appropriate or more appropriate in the zoning district than the existing nonconforming use.

C. Damage or destruction.  Removal or destruction of the structure or building in which a nonconforming use is located shall eliminate the use which the structure or building was used for (a nonconforming use). "Destruction," for the purpose of this subsection, is defined as damage to an extent of fifty percent (50%) or more of the market value of the structure or building immediately prior to such damage or destruction.  However, if reconstruction begins within twelve  (12) months after destruction or partial destruction occurs, the same nonconforming use, with a special permit, or a use  which is more appropriate in the zoning district according to the Town Council may be carried on.