[Code 1975, § 90-66; L.L. No. 1-1994; L.L. No. 5-2007]
(a)
A nonconforming building or structure that legally exists may continue except as provided herein. A nonconforming building or structure shall be considered legally existing if the entire building or structure, as presently configured and used, has a valid certificate of occupancy (CO) and/or, certificate of zoning compliance (CZC) and/or a certificate of existing use (CEU) for it. No unlawful existing nonconforming building or structure shall be used or occupied.
(b)
The building inspector may issue a CEU for a nonconforming building or structure constructed prior to the enactment of the law or laws that render it nonconforming, so long as the present use of the building or structure is permitted in the zoning district at the time of application. If the current use of the building or structure is not permitted then the building inspector shall refer the matter to the zoning board of appeals for a ruling as to the validity of the application before the building inspector may issue a CEU for a nonconforming use.
(c)
A legally existing nonconforming building or structure shall not be enlarged, expanded or altered except as follows:
(1)
The use of the building or structure is permitted and conforms with the requirements of this chapter, and
(2)
The proposed enlargement, expansion or alteration of the building or structure conforms with all area requirements of this chapter, excepting minimum lot area and street frontage requirements. In no event shall the degree of nonconformity be increased.
(d)
No building, structure or lot used for a nonconforming use shall be enlarged, expanded or altered. A nonconforming use may be changed to a conforming use. Immediately, upon said change, the nonconforming use shall be deemed abandoned.
(e)
A building, structure or lot used for a nonconforming use shall be deemed abandoned when such use has been discontinued for a period of twelve (12) consecutive months. A nonconforming use that has been abandoned shall not be thereafter reinstated.