As used in this article, the following terms
shall have the meanings indicated:
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.
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.
Any building or structure which does not conform the building
area, structural or dimensional standards then in effect in the Village
of Atlantic Beach.
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.
The Building Inspector may, on the written verified
application of the owner of property claiming a legal nonconforming
use thereon, confirm or deny such use by determining whether such
use is, in fact, a legal nonconforming 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.
