Continuation permitted. Any nonconforming use or structure which lawfully existed at the time of adoption of this chapter or any amendment thereto may be continued upon the lot or in the structure so occupied. Any such nonconforming structure may be restored or repaired in the event of partial destruction thereof, as provided in Subsection E below.

Subdivisions involving the same. No lot containing a nonconforming use shall be subdivided so as to reduce the lot area of such lot. No lot containing a nonconforming structure shall be subdivided so as to increase the degree or extent of the nonconforming condition.

Expansions or alterations. The following provisions shall apply to the expansion or alteration of nonconforming structures or uses:

Abandonment of nonconforming uses. Notwithstanding the provisions of Subsection A above, in the event that there shall be an abandonment of any nonconforming use, such use shall not be permitted to continue. For purposes of administering this chapter, a nonconforming use shall be presumed to be abandoned if such use shall have ceased to operate for a period of 12 consecutive calendar months, absent a showing by the property owner and a finding by the Zoning Board of Adjustment that the use has not been abandoned, notwithstanding the cessation of operation. Any such hearing on abandonment shall be processed as an appeal pursuant to § 190-29.

Restoration or repairs. Nothing in this section shall prevent restoration or continuance of a nonconforming building or structure which is partially destroyed by fire, explosion, act of God or of any public enemy or the like. "Partial destruction" shall be defined as any destruction of less than 50% of the area or volume, whichever is more restrictive, of the whole building or structure at the time of the partial destruction. If, however, any such building or structure shall be destroyed in excess of 50% of the area or volume of the whole building or structure at the time of such destruction, then after any permitted reconstruction, the same may be used only in such manner as to conform to all the requirements, terms and conditions of this chapter.

Approved projects. Nothing in this section shall require any change in plans, construction or designated use of a structure or building for which a preliminary site plan and/or subdivision has been approved, provided that the use and/or structure conforms to the terms of the approved plan, and provided that the period of protection provided by this chapter from changes in the zoning regulations has not expired.

Application for certificate of nonconforming status. The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant to this subsection may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment. Fees as required by this chapter shall accompany any such application. Denial by the Zoning Officer of such application shall be appealable to the Zoning Board of Adjustment and shall be processed as an appeal pursuant to § 190-29.

Conversion to conforming use. The conversion of an existing structure from a nonconforming use to a use permitted in the zone district in which such structure is located shall be subject to the same regulations as are new structures, except that notwithstanding the required parking provisions of § 190-121, conversions may be exempted by the Planning Board from furnishing such required additional off-street parking if the applicant can clearly demonstrate to the Planning Board's satisfaction that the same is a physical impossibility. No such conversion, however, shall reduce the number of existing parking spaces or the area of the premises in question available for such use.

Nonconforming signs. In addition to the provisions of this section, nonconforming signs shall be subject to the provisions of § 190-122B(3).