General maintenance and repair. Except as otherwise provided for in this section, nonconforming structures may continue to exist and be maintained and repaired.

Structural alterations, renovations and additions. Alterations, renovations and additions to a nonconforming structure may be made upon issuance of a building permit and only to the extent that such alterations, renovations or additions do not increase the degree of the nonconformance (i.e., setback, coverage, height, etc.) and only to the extent that any nonconforming use related to such structure is not expanded. By way of illustration and not limitation, an increase in degree of nonconformity includes an addition to or enclosure of a porch which protrudes into a required yard; conversely, a conforming addition in the rear yard would not impact a front yard nonconformity.

Damaged structures. Nonconforming structures may be repaired and restored to their former condition after damage by casualty loss or deterioration due to the elements, except where damage involves over 50% of the floor area devoted to a nonconforming use or such damage exceeds 50% of the total replacement cost of the damaged structure. If a discrete portion of a structure (such as a porch, vestibule, garage, etc.) is the basis for the nonconformity and only that portion is damaged in excess of 50% of its floor area, then it may be repaired or restored only in compliance with the applicable regulations of this chapter.

Except as otherwise provided for herein, nonconforming uses may continue to exist.

A nonconforming use may not be enlarged to occupy additional floor area within an existing structure or additional lot space nor be converted to another use except in conformance with this chapter.

A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to a nonconforming use.

The provisions of § 165-19C above regarding repair and restoration of damaged structures shall apply to conforming structures containing a nonconforming use.

A nonconforming use may be changed to another nonconforming use of the same or comparable land use classification only upon issuance of a special permit by the Zoning Board of Appeals and upon a finding that the proposed use will have a lesser impact on surrounding properties than the existing use. In its determination, the Zoning Board of Appeals shall consider parking demand, pedestrian and traffic volume, intensity of use, hours of activity, noise levels and any other factors considered relevant under the circumstances.

Any use previously established as a permitted use but now found to be subject to the special permit requirements of this chapter shall also be regarded as a nonconforming use if it does not comply with the current special permit requirements.

Any nonconforming use of a structure or lot which has ceased operation for a period of one year shall be deemed abandoned and may not be reestablished as a nonconforming use. Thereafter such structure or land or portion thereof shall be used in conformity with this chapter. Upon a finding by the Zoning Board of Appeals that a nonconforming use occupied a structure uniquely designed to its use (e.g., two-family dwelling), then such nonconforming use may be reestablished within two years.

A nonconforming lot is an area of land that fails to meet the dimensional requirements (area, frontage or depth) of the applicable district regulations.

A nonconforming lot in any district may be improved with a permitted use, provided that all applicable yard or setback requirements can be met.