Any structure or use which was legal when built or commenced and which was in existence at the time of enactment or amendment of this chapter, which becomes nonconforming as a result of such enactment or amendment may be continued.
If a nonconforming use of land or structures is discontinued for a period of one year, it shall not thereafter be re-established except as provided in § 405-1004, and any future use shall be in conformity with this chapter.
The Zoning Board of Appeals may issue a special permit for the re-establishment of the use after the one-year period has expired if the applicant has been prevented from continuing the use during the one-year period due to strikes, acts of God, disability, or other similar hardship beyond the applicant's control.
A nonconforming use or structure shall not be extended, enlarged, or structurally altered except as provided below. The extension of a conforming use to any portion of a nonconforming structure shall not be deemed the extension of a nonconforming structure or use.
A. 
A nonconforming structure or use may be rebuilt in the event of its total or partial destruction, to occupy the same or a lesser amount of footprint but may not exceed the original height of the totally or partially destroyed structure. Such rebuilding shall require site plan review by the Planning Board.
B. 
A nonconforming use or structure may be repaired or restored to a safe condition.
C. 
A nonconforming use or structure may be enlarged by a maximum of 25% of its floor area by the grant of a special use permit by the Zoning Board of Appeals, provided that the Board finds that:
(1) 
The enlargement will have no greater impact on neighboring land uses and the public than the exiting use or structure; and
(2) 
The enlargement will improve the appearance of the site; and further provided that
(3) 
The enlargement will comply with applicable site plan criteria to the extent practical.
A. 
Purpose. Any lot of record created prior to December 1, 2021, which does not comply with the area, density, or dimensional requirements of this chapter shall be deemed to comply with such requirements, and no variance shall be required for its development or for any addition to or other alteration of a structure, provided that the following conditions are satisfied:
(1) 
The following minimum area and dimensions are maintained, unless smaller dimensions are permitted in the district:
(a) 
Lot area: 8,000 square feet.
(b) 
Front setback: Not less than 10 feet from the road right-of-way.
(c) 
Side setback: 20% of lot width but not less than five feet per side.
(d) 
Rear setback: 15% of lot depth but not less than 20 feet.
(2) 
All Health Department regulations are satisfied.
(3) 
Any residential use of such a nonconforming lot shall be limited to one single-family dwelling. Non-residential uses of nonconforming lots shall be those permitted in the zoning district in which the lot is located, subject to the applicable review requirements of that district.
B. 
A nonconforming lot may be subdivided only if the subdivision plat shows that every subdivided portion of such lot will be merged with adjoining properties to increase the area of such properties, thereby eliminating the nonconforming lot.
A nonconforming use of a structure or parcel of land may, upon issuance of a special permit by the Zoning Board of Appeals, be changed to another nonconforming use which is of the same or lesser impact. No structure in which a nonconforming use has been changed to a use of lesser impact shall again be devoted to a nonconforming use with greater impact. In determining whether a use is of greater or lesser impact, the Zoning Board of Appeals shall consider the impact criteria listed in § 405-808.
Any pre-existing legal use which is allowable by special permit under this chapter, but which has not been issued a special permit, shall be considered a permitted use. The expansion of such a use, other than a single-family or two-family residence, shall require site plan approval.
Any structure for which construction was begun prior to the effective date of this chapter, or of any amendment thereto, may be completed and used in accordance with the approved plans and specifications for such structure. Any structure for which construction has not begun pursuant to approved plans shall be subject to the provisions of this chapter and any amendments thereto, even if all pre-construction approvals have been granted. For purposes of this, "beginning construction" shall mean excavation and pouring of footings or the installation of any other means of permanently attaching a structure to the ground.
Site plan approvals, special permits, and building permits granted under prior authority, including all conditions attached to such approvals and permits, shall have full force and effect, except that any amendments to such approvals or permits shall comply with this chapter.