In any zone in which a one-family dwelling is permitted, a one-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 creating the nonconformity, provided:

In addition, upon receipt of a special approval from the Board of Appeals, a two-family dwelling may be constructed on such a lot if permitted by the regulations of the zone, subject to the conditions set forth above, and subject to any conditions (such as occupancy or dwelling unit size) that govern two-family dwellings in the zone in which the dwelling is located.

Such nonconforming use must not 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;

Such nonconforming use must not be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter; and

If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land must conform to the regulations specified by this chapter for the zone in which such land is located.

No such structure may be enlarged or altered in a way which increases its nonconformity.

Should such structure be destroyed by any means, in whole or in part, it may be reconstructed in accordance with the provisions of § 270-211 below.

Should such structure be moved for any reason for any distance whatever, it must thereafter conform to the regulations for the zone in which it is located after it is moved.

No existing structure devoted to a use not permitted by this chapter in the zone in which it is located may be enlarged, extended, constructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located or to a use permitted pursuant to § 270-210 below;

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 such use must not be extended to occupy any land outside such building;

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use must thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed;

When a nonconforming use of a structure, or structure and land in combination, ceases for a period of one year, the structure or structure and land in combination must not thereafter be used except in conformance with the regulations of the zone in which it is located;

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure eliminates the nonconforming status of the land;

Where a nonconforming use exists in an area that has been or now requires site plan approval for any change of use, the nonconforming use may not be changed to any other use permitted in the zone until site plan approval has been obtained pursuant to the terms of this chapter.

The existing dwelling is in conformance with all requirements of this chapter except for the fact that it is located on a lot that is less than the required size or area which lot was of record at the time of the adoption or amendment of this chapter creating the nonconformity;

Such alteration or enlargement does not violate any other provisions of this chapter (e.g., yard, height, or other restrictions); and

If such dwelling is a single-family dwelling, upon completion of such enlargement or alteration the building and lot continue to be used only as a single-family dwelling, provided, however, that upon receipt of a special approval from the Board of Appeals, a single-family dwelling may be enlarged to a two-family dwelling, subject to the conditions set forth above, and subject to any conditions (such as occupancy or dwelling unit size) that govern two-family dwellings in the zone in which the dwelling is located.

Nothing herein shall prevent the continued use and substantial restoration and continued use of a nonconforming building damaged by fire, flood, earthquake, act of God, or act of the public enemy, provided that:

The time limits set forth above may be extended by the Board of Appeals in cases of practical difficulty or unnecessary hardship using the same criteria as are applied in determining applications for an area variance. An application for an extension shall be brought no later than six months after the expiration of the year period, or six months after the expiration of any previously granted extension.

Notwithstanding any other provisions of this chapter and in an effort to provide for generally uniform limitations regarding residential occupancy throughout the residential zones of the Town, the nonconforming occupancies referred to in this section shall be terminated as set forth below.

This section shall apply to residential occupancies in all zones in which residential occupancies are permitted or occur including any special land use zones which include occupancy of dwellings as a permitted use.

On and after March 1, 2006, notwithstanding whether a valid nonconforming use or occupancy existed at the time of the enactment of this Chapter 270, Zoning, or at the time of any amendment to this chapter limiting occupancy (including the amendment of 1991 to an earlier version of this chapter limiting occupancy), no dwelling unit shall be occupied except in the manner specifically permitted by the applicable provisions of this chapter and any nonconforming occupancy in a dwelling unit which may have existed prior to the date of the enactment of this section shall be terminated.

The limitations imposed by this section shall not apply to buildings for which variances from the occupancy requirements of this chapter have been granted by the Board of Appeals, either before or after the enactment of this section, or to buildings for which different occupancy requirements were established by local laws or resolutions creating or regulating multiple residence zones adopted either before or after the enactment of this section.

A nonconforming use due to be terminated pursuant to this section may be extended upon application for a special approval for such extension from the Board of Appeals. Such approval shall not be granted unless the applicant establishes and the Board of Appeals finds that, notwithstanding the fifteen year period for amortizing a nonconforming use created by the 1991 amendment referred to above, termination of the nonconforming use would cause serious financial harm to the property owner not balanced or justified by the advantage to the public in terms of more complete and effective zoning accruing from the cessation of such use. In making this determination the Board shall consider, among other factors (including the factors set forth elsewhere in this chapter relating to the issuance of special permits or approvals), i) the nature of the nonconforming use; ii) the cost of converting to a conforming use; iii) the amount of investment that existed in the property on March 1, 1991, or if the zoning change creating the nonconformity was adopted after March 1, 1991, the amount of such investment on the date of such later zoning change; iv) the detriment caused by the nonconforming use; v) the character of the neighborhood; vi) the ability of the landowner to have amortized the cost of the landowner's investment over the period between March 1, 1991 (or such later zoning change date) and the required termination of such use; and vii) whether an additional reasonable amount of time is needed by the owner to amortize the owner's investment. In making its determination the Board shall disregard, as irrelevant, any costs for purchase of a nonconforming building or property or costs to repair, maintain, improve or enlarge a nonconforming property, incurred after March 1, 1991, or, if the nonconformity was created by a subsequent zoning change, any such costs incurred after such change. If the extension is granted, the Board of Appeals shall set a fixed additional period for the extension of time before the nonconforming use must be terminated.