As used in this article, the following terms shall have the meanings indicated:
LEGAL NONCONFORMING BUILDING
Any building which houses a legal nonconforming use, and/or a nonconforming building which, at the time such building was first utilized, was in conformance with the building area, structural and dimensional standards then in effect in the Village of Atlantic Beach.
LEGAL NONCONFORMING USE
Any nonconforming use which, at the time such use was commenced, was maintainable as a matter of right under the statutes, ordinances and general rules of law then in effect in the Village of Atlantic Beach.
NONCONFORMING BUILDING
Any building or structure which does not conform the building area, structural or dimensional standards then in effect in the Village of Atlantic Beach.
NONCONFORMING USE
The use of any land or building which does not conform to the use restrictions of this chapter for the zoning district in which it is maintained.
A. 
Any legal nonconforming use may be continued unless and until it is abandoned or has changed to a conforming use.
[Amended 8-10-2020 by L.L. No. 2-2021]
B. 
The physical area occupied by any legal nonconforming use shall not be expanded.
C. 
No legal nonconforming building may be expanded unless the use is expressly permitted in the regulations applicable to the district and not a legal nonconforming use, and either:
(1) 
The proposed expansion does not increase the existing degree of nonconformity with the building area, structural and dimensional standards currently in effect in the district, or create a new nonconformity with respect thereto; or
(2) 
Any necessary area variances are granted by the Board of Zoning Appeals.
D. 
Renovations are permitted only within the confines of the existing building.
E. 
Any legal nonconforming use may be changed to another use which is permitted in the district in which such legal nonconforming use is expressly permitted by this chapter, and such other use may be continued as a legal nonconforming use in accordance with this section, provided that the Board of Zoning Appeals, after application, notice and hearing in the manner applicable to variance cases, shall determine that such other use will not have a greater adverse effect on surrounding properties than the use it is proposed to replace.
Whenever a legal nonconforming use shall have been abandoned or changed to a use conforming to the provisions of this chapter, the land, building and structure in which said legal nonconforming use shall have existed shall not thereafter be used for any nonconforming use. Any cessation of a legal nonconforming use for a period of 12 or more continuous months shall constitute an abandonment thereof, except that the Board of Zoning Appeals may grant a single extension of six months, if it shall determine that the cessation was not deliberate and that the owner is endeavoring in good faith to recommence the use.
Every application under § 250-8 hereof shall state or be accompanied by an affidavit or affidavits stating the evidentiary facts claimed to establish such use as a legal nonconforming use and shall be filed in duplicate with the Building Department. The Building Inspector may require the production of additional evidence and make whatever independent investigation deemed necessary.
The Building Inspector, upon the evidence submitted to and obtained by him, shall make and file with the Village Clerk a written determination confirming or denying that such use is a legal nonconforming use and stating the facts established by such evidence, justifying the determination.
A. 
Upon confirmation by the Building Inspector of any legal nonconforming use pursuant to this article, a certificate of occupancy may be issued to the applicant, with an endorsement thereon specifying the legal nonconforming use so confirmed, and such certificate shall constitute presumptive evidence that such use is a legal nonconforming use in any action or proceeding brought to enforce this chapter.
B. 
Every nonconforming use for which a certificate of occupancy has not been issued, as provided in this article, shall presumptively be an illegal nonconforming use for the purpose of any application to or proceeding before any officer or board of the Village of Atlantic Beach.
Nothing in this article shall be deemed to make legal or to permit the confirmation of any nonconforming use or building which is not legally nonconforming.