Any lawful structure or use existing at the time of enactment or amendment of this chapter which becomes nonconforming as a result of such enactment or amendment may be continued, except that any advertising sign which was nonconforming under this chapter or under any previous ordinance or local law shall be removed or brought into conformity within three years of the date of the enactment or amendment of the ordinance or local law under which it became nonconforming.

A nonconforming use of land or structures which is abandoned for a period of 24 consecutive months shall not be reestablished, and any subsequent use of the same property shall conform to the requirements of this chapter.

A nonconforming use or structure shall not be extended, enlarged, or structurally altered except as provided below. (The extension of a lawful use to any portion of a nonconforming structure shall not be deemed the extension of a nonconforming structure or use.) A nonconforming structure or use may be rebuilt in the event of total or partial destruction thereof, to occupy the same or a lesser amount of footprint, but may not exceed the height of the totally or partially destroyed structure. The Zoning Board of Appeals may issue a special permit allowing an expansion of a nonconforming use or structure by up to 50% of its size at the time of the adoption of this chapter, provided that all other requirements can be met, and that such expansion does not further reduce the size of any nonconforming yards. (For expansion of nonconforming residential uses in the HB District, see § 245-26B).

A nonconforming use or structure may be repaired or restored to a safe condition.

A nonconforming use of a structure or parcel of land may, upon issuance of a special permit by the Zoning Board of Appeals, be changed to another nonconforming use which is of the same or lesser impact. However, no structure in which a nonconforming use has been changed to a use of lesser impact shall again be devoted to a nonconforming use with greater impact. In determining whether a use is of greater or lesser impact, the Zoning Board of Appeals shall consider the criteria listed in § 245-35A. A permitted change to another nonconforming use shall include changing a nonconforming sign, provided that such sign is not increased in size or degree of nonconformity.

Any structure for which construction was begun prior to the effective date of this chapter, or of any amendment thereto, may be completed and used in accordance with the approved plans and specifications for such structure. Any structure for which construction has not begun pursuant to approved plans shall be subject to the provisions of this chapter and any amendments thereto, even if all approvals required by this chapter have been granted.

No lot shall be reduced in area in a manner that violates the dimensional requirements of this chapter.

In accordance with Town Law § 265-a, any lot proposed for residential use in a subdivision whose plat delineates one or more new roads or highways, which is shown in a subdivision plat that has been properly approved by the Planning Board and filed in the office of the County Clerk prior to the effective date of this chapter, and which violates the minimum area and dimensional requirements of this chapter shall be deemed to comply with such minimum requirements for two years after the filing of the subdivision plat.

Notwithstanding any provision of this chapter, owners or lessees of property within the Town upon which mobile homes have been situated prior to the enactment of this chapter shall be permitted to continue their use in the same manner as any other dwelling, and shall have the right to replace the mobile home with another mobile home that satisfies the criteria in § 245-48D. Such replacement may be done by right, without a special permit, provided that the replacement occurs within one year of the removal of the preexisting mobile home.

Any use which can be allowed by special permit under this chapter, but which has not been issued a special permit, shall be permitted to continue as a nonconforming use until such time as an owner or operator applies for and is granted a special permit. Upon the granting of such a special permit, the use shall become conforming and shall be governed by the conditions attached to the special permit. If such a special permit is denied, the use may continue as a nonconforming use, subject to the requirements of this Article IX.