A.
These provisions shall apply to all nonconforming uses existing on the effective date of this chapter and to uses that become nonconforming by reason of any amendment thereof and to buildings or other structures housing such uses.
B.
Continuance. Any nonconforming use may be continued indefinitely, except as hereinafter provided.
C.
Abandonment.
(1)
If active and continuous operations or occupancy are ceased by a nonconforming use for an uninterrupted period of one calendar year or more, the building, structure or lot occupied by such nonconforming use shall immediately thereafter and henceforth be eligible for or occupied by only conforming uses.
(2)
Notwithstanding the provisions of Subsection C(1), if a prior nonconforming use has ceased its nonconforming use for one year or more, the owner may apply to the Zoning Board of Appeals for a special permit to use the building, structure or lot for the purpose that it was originally constructed.
(3)
In making its decision, the Zoning Board of Appeals shall consider the following criteria:
(a)
Whether the owner can establish the original constructed use of the building or structure to justify reinstatement of the nonconforming use.
(b)
Whether the owner has adequate parking on the property available to meet the requirements of § 280-39 of the Zoning Ordinance.
(c)
Whether the proposed use of the building, structure or lot is in harmony with the neighborhood and will not adversely increase the population and vehicular density of the neighborhood.
(d)
Whether the proposed use of the building, structure or lot is the most economically viable alternative to reestablish the original use of the property.
(e)
Whether it is necessary that the special permit be granted with conditions.
D.
Change to another nonconforming use. A nonconforming use may be changed to another nonconforming use by special permit from the Board of Appeals, if the said Board deems the proposed nonconforming use to be sufficiently similar in nature to the existing nonconforming use and closer in character to surrounding conforming uses than is the existing nonconforming use.
E.
Extension. A nonconforming use shall not be enlarged or extended or relocated to a different position on the lot which it occupies.
F.
Any nonconforming use, as hereinbefore or hereinafter referred to, is an affirmative defense in any action or proceeding.
G.
In an Industrial District included in an Economic Development Zone (EDZ), an existing nonconforming residential use may be continued with respect to the same number of existing one-family dwellings situate on the premises; however, the size of the one-family dwellings and accessory uses shall not be subject to the requirements of Subsection E of this section.