Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this subchapter.
(A) Repairs and alterations.
(1) Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure shall be made in or to a pre-ordinance building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, except those required by law or except to make the building or structure and the use thereof, conform to the regulations of the district in which it is located. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the building or structure, except as herein above provided.
(2) Repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided the repairs, alterations or structural changes conform to the regulations of the district in which the building or structure is located.
(B) Additions and enlargements. A building or structure which is nonconforming as to bulk, and is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all of the regulations of the district in which it is located.
(C) Relocation of building or structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.
(D) Restoration of damaged building or structure designed or intended for a nonconforming use.
(1) A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50% of the cost of the restoration of the entire building new, shall not be restored unless the building or structure, and the use thereof, shall conform to all of the regulations of the district in which it is located.
(2) In the event such damage or destruction is less than 50% of the cost of restoration of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is completed within one year thereafter.
(3) If the restoration is not started within one year of the calamity and diligently prosecuted to completion, the building or structure shall be removed and the area cleared by the owner, or at the owner's expense.
(E) Discontinuance of a nonconforming use.
(1) If the nonconforming use of a building, structure or premises is discontinued for a continuous period of 365 days, it shall not be renewed, and any subsequent use of the building, structure or premises shall conform to the use regulations of the district in which the building, structure or premises is located.
(2) The property owner of a nonconforming use that has become vacant may make application to the Building Commissioner through the Zoning Administrators Office for a temporary administrative approval allowing the continuance of a nonconforming use of a building, structure or premises which was originally and specifically designed for such a nonconforming use in the zoning district in which it is located.
(3) The administrative approval when granted shall be in effect for a period of two years from the date of approval and the property owner shall cease said nonconforming use as of the last day of the temporary administrative approval and any subsequent use of the building structure or premises shall conform to the use regulations of the district in which the building structure or premises is located.
(4) The property owner of a nonconforming use that has become vacant may alternatively make application to the Village Board through the Zoning Administrators Office requesting a permanent continuance of a nonconforming use of a building, structure or premises which was originally and specifically designed for such a nonconforming use in the zoning district where it is located.
(5) Two-family dwellings which were originally and specifically designed and build for the use as two-family dwellings and are a nonconforming use in the R-1 Single-Family Residence and R-3 Limited General Residence Zoning Districts shall be allowed to continue as two-family dwellings in these two districts.
(6) Buildings and structures constructed as single-family dwellings and modified to create a two-family dwelling in the R-1 and R-3 Zoning Districts shall not be considered as part of the allowance to maintain a nonconforming use as a two-family dwelling once the building or structure has become vacant for more than the 365 days as noted above.
(F) Expansion of nonconforming use.
(1) The nonconforming use of part of a pre- ordinance building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, may be extended throughout the building or structure in which the use is presently located, but no changes or structural alterations which increase the bulk of the building or structures shall be made unless such changes or structural alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located.
(2) The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.
(3) The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.
(G) Change of nonconforming use.
(1) The nonconforming use of a pre-ordinance building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, may be changed to a use allowed in the most restrictive district in which the nonconforming use which presently occupies the building or structure is a permitted or conditional use, or to a use permitted in a more restrictive district. For the purpose of this subsection, the R1 District shall be considered the most restrictive and the I2 District the least restrictive district.
(2) No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.
(3) The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.
(`95 Code, §156.087) (Ord. 83-11, passed 9- -83; Am. Ord. 20-07, passed 3-18-20)