From the link

However, where an owner has
purchased certain lands, buildings or structures and has made a commitment or a dedication to a use, there
is some persuasive caselaw which states that this commitment or dedication may be equivalent to actual
use in order to establish immunity as a legal non-conforming use. Under these circumstances, the intention
of the owner, as well as evidence of commitment or dedication to continue such use, has been considered
equivalent to actual use in the establishment of a legal non-conforming use