Any legal nonconforming use or legal nonconforming structure existing at the time of the passage of this chapter may be continued.

A legal nonconforming use may not be changed to a different nonconforming use, nor shall a nonconforming use be extended at the expense of a conforming use.

No legal nonconforming use may be enlarged or extended unless the use therein is changed to a conforming use and unless such enlargement or extension complies with the provisions of this chapter and other local laws of the Incorporated Village of Plandome Manor.

Wherever a legal nonconforming use shall have been abandoned for a period exceeding 12 months, or wherever a legal nonconforming use is substantially destroyed or altered, the land or structure in which said legal nonconforming use shall have existed shall not thereafter be used for any nonconforming use. "Substantially destroyed," as used above, shall mean that the cost of repair to replace the structure subject to such nonconforming use exceeds 50% of the current structural replacement value thereof.

Every application under this section shall state or be accompanied by an affidavit or affidavits stating the evidentiary facts claimed to establish such use a legal nonconforming use and shall be filed with the Board of Zoning Appeals. The Board of Zoning Appeals may, in its discretion, require the production of additional evidence and make whatever independent investigation it may deem necessary.

The Board of Zoning Appeals, upon the evidence submitted to and obtained by it, shall make and file with the Village Clerk a written determination confirming or denying that such use is a legal nonconforming use and stating the facts which it finds to be established by such evidence, the basis of such findings and the conclusions it has drawn from such findings.

Upon confirmation by the Board of Zoning Appeals of any legal nonconforming use pursuant to this section, the Building Inspector shall issue to the applicant a certificate of occupancy with an endorsement thereon specifying the legal nonconforming use so confirmed.

Every nonconforming use for which a certificate of occupancy has not been issued as provided in the section shall be an illegal nonconforming use for the purpose of any application to or proceeding before any office or board of the Incorporated Village of Plandome Manor.