[Amended 10-6-1992 by L.L. No. 8-1992]
For the purpose of recording the character and extent of any nonconforming use lawfully existing at the effective date of this chapter, the owner or lessee of any building or land may apply for an nonconforming use permit in accordance with the provisions of §
129-107.
A nonconforming use lawfully existing at the effective date of this chapter may be changed to a conforming use. If a nonconforming use or building is changed to a conforming use or building, it shall not again be changed or altered except in conformity with the regulations prescribed by this chapter for the district in which such use or building is located. A nonconforming use shall not be changed to any other type of nonconforming use, except as otherwise provided in this Article
XI.
A nonconforming use of land lawfully existing
at the effective date of this chapter shall not be enlarged or increased,
nor shall any such nonconforming use be extended to occupy a greater
area of land than that occupied at the effective date of this chapter,
nor shall any such nonconforming use be moved in whole or in part
to any other portion of the lot or parcel of land occupied by such
nonconforming use, unless such move will result in a conforming use.
A nonconforming use of a building lawfully existing
at the effective date of this chapter shall not be enlarged, increased
or moved to any other part of the building or lot.
The discontinuance of a nonconforming use for
a period of one year shall be regarded as permanent abandonment, and,
thereafter, the land, building or structure where such nonconforming
use previously existed shall be used and occupied only in conformity
with the regulations prescribed by this chapter for the district in
which such land, building or structure is located. Intent to resume
active operations shall not affect the foregoing, except that the
provisions of this section shall not apply where such discontinuance
is directly caused by war, strike or the construction of a public
improvement by a governmental agency.
Nothing in this chapter shall be deemed to require
any change in plans, construction or designated use of a building
on which construction was lawfully begun prior to the effective date
of this chapter and upon which building construction has been diligently
carried on, provided that such construction shall be diligently carried
on and completed within six months from the effective date of this
chapter.