Except as provided in this article, any nonconforming use of
any structure or land existing on the effective date of this chapter
may be continued.
In any district, whenever a nonconforming use of land, premises,
building or structure has been discontinued for a period of one year,
such nonconforming use shall not be reestablished, and all future
use shall be in conformity with the provisions of this chapter.
Once changed to a conforming use, no building or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to a use of the same classification upon approval of
the Zoning Board of Appeals or to a use of more-restricted classification,
and when so changed to a more-restricted classification, such use
thereafter shall not be changed to a less-restricted classification.
A nonconforming use of buildings or land occupied on the effective date of this chapter may be enlarged, extended, or remodeled upon obtaining approval from the Zoning Board of Appeals specifying the conditions of such enlargement, extension or remodeling. All approvals from the Zoning Board of Appeals shall be in accordance with §
116-91.
A nonconforming building or structure shall not be structurally
altered or reconstructed, except for such alteration, maintenance
and repair work as required to keep said building or structure in
safe condition. However, a nonconforming building which is damaged
or destroyed by fire, flood, wind, other calamity, act of God or act
of the public enemy may be restored, and the nonconforming occupancy
thereof may be resumed or continued, provided that the restoration
is started within a period of one year, is diligently prosecuted to
completion and does not increase either the floor area or the cubical
contents of such building.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district or a different
classification or whenever the text of this chapter shall be changed
with respect to the uses permitted in a district, the foregoing provisions
shall also apply to any nonconforming uses existing therein.
Notwithstanding any other provision of this chapter, any farm
operation and any farm building formerly conducted or used in any
district hereafter classified as "A" may be reestablished, renewed
or restored in the location and to the degree and extent that formerly
existed.
All persons claiming a nonconforming use under this article
shall, within six months of the date of the adoption of this chapter,
secure a certificate of nonconformity from the Code Enforcement Officer
showing the claimed nonconforming use and its location, the size and
specifications of any structures utilized in this nonconforming use,
the size of the lot and the specific portions of the lot or the building
or buildings claimed to be utilized in connection with the nonconforming
use. The Code Enforcement Officer shall require supporting proof subject
to verification for such applications and shall deny a certificate
without such proof.