Subject to the provisions of this Article, the
lawful use or structure existing on the effective date of adoption
or amendment of this chapter may be continued though not conforming
to the regulations of the district in which it is maintained. However,
the following provisions shall apply to all nonconformities:
A. A nonconforming lot shall not be further reduced in
size.
B. A nonconforming building shall not be enlarged, extended
or increased in any dimension unless such enlargement would tend to
reduce the degree of nonconformance.
C. A nonconforming use shall not be expanded.
D. A nonconforming use may be changed to a conforming
use. When a nonconforming use is changed to conform to the requirements
of this chapter, the use of the building or tract of land shall not
be changed again except in accordance with these regulations.
At any time after the effective date of this
chapter, upon the written request of the owner or user of any structure
or premises or at the instance of the Zoning Enforcement Officer,
an examination by the Zoning Enforcement Officer of any existing use
shall be made. A report of the findings made upon such examination
shall thereafter be filed with the Zoning Board of Appeals, together
with a proposed certificate of existing use which shall clearly describe
the premises and structure, if any, referred to and shall specify
the nature and extent of such existing use. Such certificate shall
be prepared in triplicate, one copy of which shall be maintained by
the Zoning Enforcement Officer, one copy of which shall be furnished
to the Zoning Board of Appeals and one copy to be furnished to the
owner or user. The Zoning Board of Appeals shall have 30 days from
the date it receives such proposed certificate in which to affirm
or deny such a proposed certificate. If the Zoning Board of Appeals
denies such certificate, the owner or user may make his appeal. If
the Zoning Board of Appeals approves the proposed certificate, the
Zoning Enforcement Officer shall deliver by mail or otherwise a copy
of the certificate to the owner or user. The Zoning Board of Appeals
shall have the power to examine facts upon its own motion and amend
such proposed certificate in accordance with its findings. If the
Zoning Board of Appeals takes no action within 30 days from the date
of its receipt of the proposed certificate, it shall be deemed to
have approved such proposed certificate, and the Zoning Enforcement
Officer shall transmit the certificate to the owner or user.
Nothing herein continued shall require any change
in plans, construction or designated use of a building complying with
existing laws, a permit for which has been duly granted and the construction
of which shall have been started before the date of adoption of this
chapter or any applicable amendment thereto.
In any district, whenever a nonconforming use
of land, premises, building or structure or any part or portion thereof
has been discontinued for a period of one year, such nonconforming
use shall not thereafter be reestablished and all future uses shall
be in conformity with the provisions of this chapter. Such discontinuance
of the active and continuous operation of such nonconforming use or
part or portion thereof for a period of one year is hereby construed
and considered to be an abandonment of such nonconforming use, regardless
of any reservation of an intent to resume active operations. If actual
abandonment in fact is evidenced by the removal of buildings, structures,
machinery, equipment and other evidences of such nonconforming use
of the land and premises, the abandonment shall be construed and considered
to be completed and all rights to reestablish or continue such nonconforming
use shall thereupon terminate.