Subject to the provisions of this article, a nonconforming structure by area or a nonconforming use or a structure containing a nonconforming use, may be continued and maintained in reasonable repair but may not be enlarged or extended as of the date of enactment of this chapter. This article shall not be construed to permit any unsafe use or structure or to affect all proper procedures to regulate or prohibit the unsafe use or structure.
A nonconforming use may not be extended, altered, or otherwise changed into another nonconforming use, except upon approval of a special use permit. In addition to the criteria for such special use, the Planning Board shall also make the following factual determinations before granting any special use permit to alter, extend, or change a nonconforming use:
A. 
The new use, alteration, or extension is more in conformance with the applicable zoning than the former, preexisting use;
B. 
The change in use, alteration, or extension will not cause an undesirable change in the character of the neighborhood within which it is proposed;
C. 
The change in use, alteration or extension will not have an adverse impact upon the physical or environmental characteristics of the neighborhood or district; and
D. 
If the Planning Board shall determine that the application for change, alteration or extension of a nonconforming use meets the requirements of this section, then the Planning Board is authorized to further consider the application for special use permit upon such terms and conditions as determined necessary to reduce both the degree of nonconformity and in mitigation of any substantial impacts to the immediate neighborhood.
If a nonconforming use is discontinued for a period of 12 consecutive months, further use of the property shall conform to this chapter or be subject to review by the Zoning Board of Appeals.
Nothing contained in this chapter shall require any change in plans, construction, alteration, or designated use of a structure for which all preconstruction approvals have been given prior to the adoption of this chapter.
A. 
Area nonconformity. Any structure which is nonconforming due to a setback violation or, in the case of multifamily housing, due to greater intensity than would be allowed by this chapter, which is destroyed wholly or in part by fire, flood, wind, hurricane, tornado, or other act beyond the control of man, shall be allowed to reconstruct according to its original dimension and intensity within 24 months of said destruction.
B. 
Use nonconformity. Any structure which is a nonconforming use according to the provisions of this chapter which is destroyed by fire, flood, wind, hurricane, tornado, or other act beyond the control of man, to the extent of 50% of the assessed value of the structure or more, must be replaced within 24 months of the destructive incident. If, within the 24-month period, the structure containing the nonconforming use is not rebuilt, the nonconforming use shall not be reestablished, and the property shall only be used for a conforming use.
A. 
Notwithstanding anything to the contrary contained in Article III and/or Article XVI of this chapter, a variance will not be required for the construction of structures and improvements to a nonconforming lot that has an existing structure or structures on it, provided that the new structure or improvement does not create greater nonconformity with this chapter.
B. 
Single unimproved lots of less than required dimensions:
(1) 
Any lot created prior to the original adoption of this chapter with an area or width less than that required in the district in which said lot is located may be used for any purpose permitted in the district, provided that all other regulations prescribed for the district shall be complied with, and further provided that said lot is held under separate ownership at the time of the application and the owner thereof does not own any adjoining land that could be combined with said lot to meet the dimension requirements.
C. 
Multiple unimproved lots and lots within previously approved undeveloped subdivisions. No building permit shall be issued, except following application for an area variance pursuant to Article XVIII of this chapter when relief is being sought, for two or more contiguous, unimproved nonconforming lots held in the same ownership of record as of the date of adoption of this chapter. In such instances, the Zoning Board of Appeals may request that said lots be combined to the extent necessary to comply with the space and bulk regulations of the district in which they are located. This shall include unimproved nonconforming lots contiguous to improved nonconforming lots held in the same ownership of record.