28. How should a municipality address nonconformities?
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29. What constitutes abandonment for the purpose of regulating nonconformities?
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While the law requires that municipalities address nonconformities in their bylaws, it only specifies how it may be done, not how it must be done. Many municipal bylaws already include these provisions. Possible local regulations pursuant to 24 V.S.A. § 4412(7) include:

Defining a period that constitutes abandonment or discontinuance of nonconformities (which cannot be less than six months). Many current bylaws consider abandonment or discontinuance to occur after a year of non-use.

Specifying the extent to which, and circumstances under which, nonconformities may be maintained or repaired. For example, a bylaw could require that repairs not expand the degree of nonconformity of the structure, or have an undue adverse effect on the character of the area.

Specifying the extent to which, and circumstances under which, nonconformities may be changed or expanded. For example, a bylaw could require that changes or expansions not expand the degree of nonconformity of the structure, or have an undue adverse effect on the character of the area.

Specifying the circumstances in which a nonconformity that is destroyed may be rebuilt. For example, this is typically required to occur within a year of the destruction, and the reconstruction must not expand the degree of nonconformity of the structure.

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Abandonment typically means the non-use of a property for a particular period of time, regardless of the landowner's intent to use the property at some point in the future. Municipal bylaws may specify the time period that constitutes abandonment, so long as it is not less than six months. 24 V.S.A. § 4412(7)(A)(i). Because nonconformities may typically be continued in perpetuity, an event such as abandonment may be an appropriate time for a municipal bylaw to step in to prohibit the continued undue perpetuation of the nonconformity.

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