[Amended 6-14-2022 by L.L. No. 16-2022]
The lawful use of any land, building or structure existing at the time of passage of this chapter may be continued, provided same has not lapsed pursuant to §
198-105, and such use may be extended throughout a building but shall not be extended in use of the land, except as otherwise provided in this article, although such use does not conform to the provisions of this chapter.
[Amended 1-26-1999 by L.L. No. 2-1999]
A. A building occupied by a nonconforming use shall not
be extended except when required by law or to adapt the building to
a conforming use, provided that such extension does not create any
new nonconforming bulk in the building.
B. A nonconforming building shall not be structurally
altered to create any new nonconforming bulk in the building.
[Amended 6-14-2022 by L.L. No. 16-2022]
An existing, nonconforming use may be changed
to a conforming use or, on application to and with approval of the
Board of Appeals, to any use which the Board shall find to be less
intensive and more in character with the uses permitted in the district
in which the nonconforming use is located. Once changed to a conforming
use or to a use approved by the Board of Appeals under this section,
the former nonconforming use shall be deemed to have terminated, and
no building or land shall revert to a former nonconforming use.
If active and continuous operation of a nonconforming
use is not carried on for a period of one (1) year, the building or
land on which such use was conducted shall thereafter be used only
in conformance with the regulations of the district in which the premises
is situated. The casual or intermittent use of land shall not establish
the existence of a lawful nonconforming use.
[Added 4-1-1997 by L.L. No. 8-1997]
In any prosecution for a violation of the provisions of this chapter, it is an affirmative defense that the building, structure or use is a nonconforming use as defined in §
198-2. A defendant who raises this affirmative defense must plead and prove it by a preponderance of the evidence.