Within the districts established by this ordinance there may exist lots, uses of land and structures and characteristics of uses which were lawful before this ordinance was adopted or amended, but which would be prohibited or regulated under the term of this ordinance or future amendments. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. With the knowledge that some nonconforming uses, buildings or structures will not disappear, it is necessary and desirable in pursuit of the public interest to distinguish between nonconforming uses, buildings or structures which should be eliminated as rapidly as possible and nonconforming uses, buildings or structures which ought to be given separate treatment.
In recognition of this fact, the Zoning Board of Appeals shall have the authority to permit some expansion or changes to lawfully existing nonconforming uses based upon the standards set forth in this article.
Those alleged nonconforming uses or structures, or uses and structures in combination, which cannot be proved conclusively to have been lawfully existing prior to the enactment or amendment of this ordinance shall be declared illegal uses and shall be discontinued.
(Ord. No. 278-NN, § 34, 1-6-09)
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