The intent of this Article IX is to provide for the use of land, buildings and lots that do not comply with the regulation of this chapter and to set forth the circumstances and conditions under which such nonconformity may be continued.

Except as otherwise provided in this Article IX, the lawful nonconforming use of any land, building, or lot existing at the date of adoption or amendment of this chapter may be continued even though such use, building, or lot does not conform to the regulations specified for the zoning district in which such land, building, or lot is located. Unless set forth to the contrary elsewhere in this chapter:

Notwithstanding the provisions of § 270-43 to the contrary, the Zoning Board of Appeals may, upon written request for a variance, permit the expansion, extension, enlargement, replacement of, movement of, or addition to a nonconforming use or building, in accordance with the criteria specified in Town Law § 267-b.

A nonconforming use may be changed to another nonconforming use only by variance granted by the Zoning Board of Appeals in accordance with criteria specified in § 267-b of the Town Law.

A nonconforming building, or part thereof, that is damaged or destroyed may be restored to a safe and sanitary condition. Any damaged nonconforming land or building that is determined to be unsafe or a hazard to public health or safety shall be subject to all other regulations of the Town related to unsafe buildings.

Nonconforming use rights remain with the land when title is transferred, subject to the provisions of this Article IX.

No nonconforming use of land or a building shall, if once changed to a conforming use, be changed back to the previous or a new nonconforming use unless a use variance therefore has been granted by the Zoning Board of Appeals.

Except for agricultural uses which are exempt from the provisions of this section, abandonment or discontinuance of any nonconforming use for a period of 12 months or more shall terminate such nonconforming use of the structure or premises. Any subsequent use of such building or premises shall be in conformance with the provisions of this chapter. The date of abandonment or discontinuance shall be determined by the Code Enforcement Officer. Extension of the termination date for an additional six months may be granted by the Zoning Board of Appeals if a written request is made by the property owner.

When the boundaries of a district are changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions of this Article IX shall also apply to any nonconformity existing therein or created thereby.

Nothing in this chapter shall require any change in plans, construction or designated use of a building for which a building permit has been issued prior to the adoption of this chapter.