A nonconforming use, structure or lot is one which existed lawfully on the effective date of these regulations or any amendment thereto, and which fails to conform to one or more of the applicable provisions or requirements of these regulations or such amendment thereto.

Subject to approval by the Building Department and/or the Planning Board, a nonconforming use may be changed to another nonconforming use in the same zoning district provided that the new use will have a lesser impact upon the surrounding area.

Whenever a nonconforming use has been changed to a conforming use, it shall not thereafter revert to a nonconforming use.

A nonconforming use may be moved or relocated within the structure located on the same lot provided the relocation will reduce or eliminate the nonconformity.

A nonconforming structure with a conforming use therein may be enlarged or altered provided such enlargement or alteration does not increase the structural nonconformity and is otherwise permitted by this chapter.

Any nonconforming use, building or structure which has been destroyed or damaged by fire, explosion, act of God, or by public enemy to the extent of fifty (50%) percent or more of its current replacement cost as determined by the Building Department at the time such damage occurred, shall thereafter be made to conform with the provisions of this chapter. If the application of this requirement deprives the owner of the reasonable use of the land involved, the Board of Adjustment may grant a variance, provided the proposed restoration significantly decreases or reduces the former nonconformity. Where less than fifty (50%) percent of the current replacement value of the building or structure has been destroyed, such building or structure may be restored to the same nonconformity. Any restoration must begin within one (1) year and be completed within two (2) years of such destruction. Failure to commence any restoration within one (1) year or to complete within two (2) years of such destruction shall terminate the restoration by operation of law.

Any nonconforming use, of which has ceased operation for any reason for a continuous period of one (1) year, shall thereafter conform to the provisions of this chapter.

The regulations imposed by this chapter shall not prohibit the erection of a one (1) family detached dwelling on any lot having less than the minimum width, depth, frontage or lot area required; provided the lot was a matter of public record prior to the effective date of this chapter and the proposed structure shall meet all other requirements of the zone in which located, and be subject to site plan approval. For the purpose of this chapter, two (2) or more adjoining undersize lots in the same ownership shall be considered as one (1) lot.