(1) A legal preexisting nonconforming use may be reconstructed, replaced, or demolished and replaced provided that the construction begins within 12 months of when the building was demolished, destroyed, or otherwise made uninhabitable, upon issuance of this special use permit. The Town Board may impose conditions designed to ensure that the proposed reconstruction or use is more consistent with the character of the surrounding neighborhood and has less adverse impacts than the use or structure it is replacing.

(2) A legal preexisting nonconforming use may be modified or changed to a different nonconforming use within the footprint of the existing structure or site plan upon issuance of a special use permit by the Town Board. The Town Board shall issue the special use permit only upon a finding that the proposed use is more consistent with the character of the surrounding neighborhood and has no greater adverse impacts than the use it replaces.

(3) A legal preexisting nonconforming use may be expanded or extended upon issuance of a special use permit by the Town Board. The Town Board may place limitations on the expansion or extension related to intensity of the use and capacity of structures or buildings. This special use permit shall be issued only upon a finding by the Town Board, as demonstrated by the applicant, that practical difficulties prevail in operating the premises or structure in its presently existing nonconforming manner and that the proposed extension or remodeling of the use or any structure would constitute a reasonable adjustment of the existing nonconforming use. The applicant has the burden of proving the practical difficulties and of establishing that the expansion or extension will not negatively alter the character of the neighborhood or create additional adverse impacts. The Town Board may also require that the applicant provide a community benefit agreement as a condition of the approval.