O-1988-1501-C - Laserfiche WebLink

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e e -21- Section 4 - 202 Non-Conforming Uses 1. Continuance of Non-ConforminE Uses Any non-conforming use may be continued in operation on the same land area and on the same floor in a structure or struc- tures which were occupied by the, non-conforming use on the effective date of any amendment by which the use became "non- conforming, but such land o~ floor area shall not be increased, except that such limitation shall not apply for farming uses. 2. Registration of Non-Conformi~g Use It shall be the right of the tenants and owners of a non- conforming use,to register same by securing a Certificate of Occupancy as provided in Section 11 of this Ordinance. 3. Changing a Non-Conforming Use Any non-conforming use may be changed to a use conforming with the regulations herein established for the district in which the non-conforming use was located; provided however, that a non-conforming use so changed shall not thereafter be changed back to a non-conforming use. 4. Abandonment of Non-Conforming Use A non-conforming use, when abandoned, shall not resume. A non- conforming use is abandoned when land used for an established non-conforming use ceases to be used for a period of ninety (90) consecutive calendar days, and it is determined that an intent to abandon the non~conforming use occurred, as evidenced by an overt act or a failure to act on the part of the non- conforming use landowner or his occupant. Whether or not a non-conforming use has been abandoned is a question that shall be determined by the Board of Adjustment. The property owner or his representative seeking to maintain the existing non-conforming use shall have the burden of proving to the Board of Adjustment that the use has not been discontinued for a period of ninety (90) consecutive calendar days, and/or that the owner or his representative did not intend to abandon the non-conforming use during the period of cessation of use of the non-conforming use. <4