A. 
Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this chapter was enacted or amended but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
B. 
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Appeals. No division of any parcel shall be made which creates a lot with width or area below the requirements stated in this chapter.
Where at the time of passage of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided that:
A. 
No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
B. 
No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter.
C. 
If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent uses of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
D. 
No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. However, a nonconforming one- or two-family residence may be enlarged not more than 50% of its existing size if the enlargement does not result in any further setback line violations or involve any change of use.
[Amended 8-24-1982 by L.L. No. 1-1982]
B. 
Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
C. 
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
If lawful use involving individual structures or of structure and premises in combination exists at the effective date of adoption or amendment of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. 
No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
B. 
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
C. 
If no structural alterations are made, any nonconforming use of a structure or of structure and premises may as a special permit use be changed to another nonconforming use, provided that the Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accord with the provisions of this chapter.
D. 
Any structure or any structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
E. 
When a nonconforming use of a structure or of structure and premises in combination is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure or the structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located.
F. 
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction" for the purpose of this subsection is defined as damage to an extent of more than 50% of the replacement cost at time of destruction.
A. 
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 10% of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.
B. 
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
C. 
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
[Added 12-12-2000 by L.L. No. 1-2000]
A. 
The Zoning Board of Appeals , under such regulations and conditions as it may prescribe, may authorize a temporary and revocable permit for a period not exceeding two years for uses and structures that do not conform with the regulations of this chapter for the district in which located, provided the following findings are made:
(1) 
The proposed temporary use will be in harmony with the general purposes and intent of this chapter, taking into account the location and size of the proposed use, the nature and intensity of the operation involved in or connected with the proposed use and the size and location of the site in relation to adjacent sites and uses.
(2) 
The proposed temporary use will not tend to depreciate the value of adjacent properties.
(3) 
The proposed temporary use will not create a hazard to health, safety or general welfare.
B. 
A temporary use permit shall be issued to a particular applicant and shall not be transferable to a second party.
C. 
A temporary use permit may be renewed for a maximum renewal period of five years. Before a renewal is granted, the Zoning Board of Appeals shall determine that the applicant has complied with all of the above standards as well as all conditions and safeguards included in the previous permit.
D. 
Upon the revocation or expiration of a temporary use permit or any renewals thereof, the temporary use permitted thereby shall immediately cease.
E. 
All temporary use permits shall be subject to site plan approval by the Planning Board.