No nonconforming lot shall be altered, reduced or enlarged in such manner as to increase such nonconformance. A lot which contains a nonconforming building but which lot otherwise conforms to all of the dimensional regulations currently in effect for lots in the district in which such lot is located shall not be deemed a nonconforming lot. Such lot may be altered, reduced or enlarged as allowed under the City Code so long as alteration, reduction, or enlargement does not increase the nonconformance of any building or structure contained thereon.

In the case of a nonconforming lot, the fact that a lot is nonconforming shall not prevent the erection, enlargement, alteration or maintenance on such lot of a building or structure which, as so erected, enlarged or altered, complies with all the other provisions of the Glen Cove City Code in effect at such time, subject to the provisions of § 280-34 of this chapter.

No nonconforming use shall be modified, extended, enlarged, increased in volume or intensity of use, or changed in character, nature or scope. For the purposes of this section, a nonconforming use shall be considered to have been enlarged if it has been changed in any manner which results in an extension of the use to any portion of a building or premises where such use was not previously conducted or which was not previously used for such use, an increase in the floor area or land area occupied or utilized by the use, an increase in the times or days of operation of the use, or a change in the nature or scope of the use. The foregoing factors shall not be exclusive, and, where appropriate circumstances exist to support such conclusion, the Building Department Director may conclude that an enlargement of a nonconforming use has occurred even in the absence of any of such factors.

No building devoted to a nonconforming use shall be modified, extended, or enlarged. No additional buildings or structures may be erected on a site used in whole or part for a nonconforming use. No nonconforming use shall be extended into any portion of a building, structure, or property not lawfully used for such nonconforming use immediately prior to the enactment of such regulations rendering the use nonconforming and used continuously up to the current date.

No lot upon which a nonconforming use is located shall be modified, extended, enlarged or reduced in size in any manner, unless such nonconforming use is terminated and removed therefrom.

No nonconforming use may be changed to any other nonconforming use.

Changes to nonconforming use. No nonconforming building or nonconforming use, if changed to conform to the requirements of this chapter, shall thereafter be changed back to a nonconforming building or use.

Discontinuance. No such nonconforming use, if discontinued for whatever cause for one year or longer or changed to or replaced in whole or in part to a conforming use, shall be resumed, and any future use shall be in conformity with the City Code. Any nonconforming use which shall be reduced in size or scope for any reason for a continuous period of one year or more shall be presumed to be discontinued to the extent of such reduction. Intent to resume a nonconforming use shall not confer the right to do so.

Removal. If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent location and use of any building thereon shall be in conformity to the regulations specified by this chapter for the district in which such land is located.

No nonconforming use, if damaged or destroyed from any cause to the extent, as determined by the DBD in consultation with the City Assessor, of over 50% of the value of such structure above the foundation, shall be restored for the continuance of a nonconforming use therein. Such building, if damaged to the extent, as determined by the DBD, of less than 50% of the value of such structure above the foundation, may be restored in the same location, provided that it is made substantially to conform to the height and yard requirements of the schedules limiting the bulk and arrangement of buildings which constitute part of § 280-40 herein.

Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in the preceding subsection shall be filed within one year of the day of such damage, and shall be accompanied by plans for reconstruction, which as to such portion, shall comply with the requirements set forth above. If such permit is issued it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated.

Notwithstanding the foregoing, any nonconforming two-family dwelling located in a residence district which is damaged or destroyed by more than 50% of the value of such dwelling above the foundation shall be permitted to be restored so long as:

Where a residential structure conforming to the City of Glen Cove Zoning Ordinance on May 7, 2007, suffers catastrophic damage exceeding 50% of the replacement value of such structure as determined by the DBD in consultation with the City Assessor, and where such damage or destruction is not the intended result of deliberate actions by the owner or owners or agents thereof, such structure shall be permitted to be reconstructed over the existing foundation to the prior existing floor area, but complying with all other applicable building and zoning requirements.

The Zoning Board of Appeals may, after public hearing on the written verified application of the owner of property claiming a legal nonconforming use thereon, confirm such use by determining that such use is, in fact, a legal nonconforming use or structure.