It is the purpose of this article to provide for the regulation of legally nonconforming uses, lots of record and structures, and to specify those circumstances and conditions under which such nonconformities shall be permitted to continue.
A. 
Lots of record at the time of adoption of this chapter that are less than the minimum lot size and lot frontage required shall be deemed to meet the minimum size regulations of this chapter. Nothing contained herein shall prohibit the use of an undersized lot of record, provided all other area and bulk regulations for the zoning district in which the lot is located shall be met, and that there is no further subdivision of the lot.
B. 
Lawfully existing structures located on nonconforming lots may be moved, expanded, enlarged or replaced without a variance, as long as such change complies with all of the regulations of the zoning district in which it is located.
A. 
Structures existing at the time of the enactment of this chapter may continued to be utilized.
B. 
Any building or structure for which a valid building permit was lawfully issued prior to the adoption of this chapter may be completed and used in accordance with the plans and specifications for such building or structure.
C. 
Re-establishment of nonconforming structures. A nonconforming structure damaged or destroyed by fire, flood, wind or other natural disaster may be rebuilt in the same footprint, although it may be nonconforming, provided that the requirements for building height and other architectural development standards of § 325-51 and § 325-52 of this chapter are met. If such plans for rebuilding require site plan approval pursuant to § 325-89, such approval shall be granted prior to issuance of a building permit. The restoration or rebuilding shall be commenced with a building permit within 12 calendar months of such damage or destruction and be completed within 24 calendar months.
A. 
Any nonconforming use that existed lawfully at the time of adoption of this chapter may be continued, subject to the following provisions:
(1) 
The lawful use of any land or building existing at the time of the adoption of this chapter may be continued, although such use does not conform with the provisions of this chapter.
(2) 
Any such building may be reconstructed or structurally altered, and the nonconforming use therein changed, subject to the following regulations:
(a) 
Expansion. A nonconforming use shall not be expanded unless granted a use variance from the Zoning Board of Appeals.
(b) 
Change of use. A nonconforming use shall not be changed to any other nonconforming use.
(c) 
Replacement. If a nonconforming use is replaced by another use, such use shall conform to the regulations of the zoning district in which it is located.
B. 
Destruction and restoration. If any structure in which a nonconforming use is conducted is hereafter damaged, removed or destroyed by fire, wind, explosion or other natural cause, to the extent of 75% or less of its fair market value at the time of such damage, application for any reconstruction or restoration of such structure for a building permit to resume the nonconforming use shall be made within one year and the structure for the nonconforming use shall be constructed within one additional year unless the permit is renewed.
C. 
Any preexisting legal use that is allowable by special use permit under this chapter, but that has not been issued a special use 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, unless such expansion has been permitted by a prior site plan approval.
A. 
Whenever a structure or land used for or occupied by a nonconforming use has been discontinued for a period of 12 months, such use shall not thereafter be continued except as provided in § 325-84B, Destruction and restoration. Such use shall not be considered in operation unless there is proof of operation for at least 60 days within a twelve-month period.
B. 
A nonconforming use shall be deemed to have been discontinued if it is changed to a conforming use.
A. 
A nonconforming use or structure shall be maintained and shall not constitute a danger to the health, safety or general welfare of the public.
B. 
A building within which there is a nonconforming use may be improved if the proposed improvements or remodeling of the building, including the improvement of its exterior appearance and of its grounds, would result in enhancing the compatibility of such building with its surroundings. All exterior appearance and grounds improvements shall require site plan review.