Any use which is made a nonconforming use by this chapter or
by any subsequent amendments may be continued except as hereinafter
provided.
A nonconforming use may be changed to a use of a more restricted
classification. Once changed to a conforming use or to a more restricted
use, such use thereafter shall not revert to a less restricted use.
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 a part or portion
thereof for such period of one year is hereby construed and considered
to be an abandonment of such nonconforming use, regardless of any
reservations of an intent not to abandon the same or 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
within a period of less than one year, and all rights to reestablish
or continue such nonconforming use shall thereupon terminate.
Unless approved by the ZBA, no nonconforming building which
has been damaged by fire or other causes to the extent of 50% or more
of its equalized assessed value shall be rebuilt or repaired except
in conformance with the regulations of this chapter. In such reconstruction,
neither the floor area nor the cubical content shall be increased
from the original nonconforming building.
Nothing herein shall be deemed to prevent keeping in good repair
a nonconforming building or restoration to a safe condition of any
structure declared unsafe by the CEO.
