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.
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.
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.