Continuance. Except as otherwise provided in this article, the lawful use of any structures or land existing at the date of adoption of this chapter may be continued even though such use does not conform to the provisions for the district in which such structure or land is located. The right to continue a nonconforming use remains with the land when title is transferred, subject to the provisions of this article.

Extension or enlargement.

Changes. A nonconforming use may be changed to another similar or more restrictive nonconforming use with the approval of the ZBA. When changed to a more restrictive nonconforming use, such use shall not subsequently be changed back to a less restrictive nonconforming use. No nonconforming use, if changed to a conforming use, shall be changed back to a nonconforming use. The ZBA shall determine whether such proposed nonconforming use is similar or more restrictive, and may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such approval may have on the neighborhood or community.

Discontinuance. Whenever a nonconforming use has been discontinued for a period of 12 consecutive months (from a date determined by the Planning Department), such nonconforming use shall not be reestablished, and any subsequent use of such structure or land shall be in conformity with the provisions of this chapter for the district in which such structure or land is located.

Repair and restoration. A structure used for a nonconforming use and damaged or destroyed by casualty to the extent that more than 50% of its total floor area is unusable without repair, replacement or restoration shall not be repaired, replaced or restored without the approval of the ZBA. The percentage extent of damage or destruction shall be made by the Planning Department. A building permit for such repair, replacement or restoration shall be obtained and work commenced within six months after such casualty, but this time limit may be extended by the ZBA in case of practical difficulty or unnecessary hardship. The ZBA may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such approval may have on the neighborhood of community.

Continuance. A lawful nonconforming structure existing at the date of adoption of this chapter that could not be built after such adoption by reason of restrictions on the lot area, lot coverage, lot depth, height, yard requirements or other limitations of the structure or its location on the lot may be continued.

Expansion. Nothing in this chapter shall prevent the alteration to a safe condition of all or part of a structure that is nonconforming, provided that the repair or alteration will not increase the height, size or volume of the structure or otherwise increase the manner in which the structure is nonconforming.

Additions, alterations, maintenance, and repairs.

Discontinuance.

A lot of record may be considered as complying with the minimum requirements of this chapter, provided that such lot does not adjoin other land held by the same owner, part of which such other land could be combined with the nonconforming lot of record to create a conforming lot without thereby creating a new nonconforming lot.

The Town may require a nonconforming lot to be merged with an adjacent lot under common ownership, or with part of such adjacent lot, for the purpose of creating two conforming lots in the district in which the lots are located, so long as neither of such lots are then nonconforming lots.

Where adjacent lots are under common ownership but the merger of such lots, or part of a conforming lot to the nonconforming lot, would not result in a conforming lot, the ZBA may nonetheless approve a nonconforming lot if it finds that following such merger the nonconformity of the nonconforming lot has been minimized to the maximum extent practicable. In accordance with Municipal Home Law § 10(1)(ii)d(3), this subsection shall supersede Town Law § 267-b(3) with respect to the granting of area variances.