Where, at the time of adoption of this code, lawful uses of land or structures exist that would not be permitted by the regulations of this code, the uses may be continued so long as they remain otherwise lawful and provided:
(a) No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land or structure than was occupied at the effective date of adoption or amendment of this code.
(b) No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this code.
(c) No additional structures shall be constructed on a lot with a nonconforming use unless such new structure complies with the requirements of this code and the applicable zoning district.
(d) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.
(e) Change or Substitution of Nonconforming Use.
(1) If no structural alterations are made that increase the nonconformity, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted use, as determined by the Planning Commission. Such determination shall be made at a public hearing held in the same manner as an appeal (See Section 1103.14.), including notice, but the appeals review considerations of Section 1103.14(e) shall not apply. At the hearing, the Planning Commission shall make a determination if the proposed use, which must be a permitted use in the applicable zoning district, is similar in nature and intensity, or is a more restricted use, allowable as a change or substitution under this section.
(2) Whenever a nonconforming use is changed to a less intensive nonconforming use in accordance with this code, such use shall not thereafter be changed to a more intensive nonconforming use.
(3) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the applicable zoning district in which such structure is located, and the nonconforming use may not thereafter be resumed.
(f) Termination of Nonconforming Uses.
(1) Termination of Use through Discontinuance.
A. When any nonconforming use is discontinued or abandoned upon a lot in the Village for more than six (6) months, or a total of eighteen (18) months in any three (3)-year time period, any new use shall conform to the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.
B. There may be cases when a structure, or structure and premises in combination, may not be converted to a conforming use because of the original architecture, floor plan, construction, and design (e.g., townhouses in a single-family residentially zoned area). In these cases, the Planning Commission may determine that the nonconforming use may continue if the nonconforming use is the original use of the structure and/or premises. Appropriate safeguards, conditions and design standards may be required by the Planning Commission so as to minimize the impact of such continuance on the area.
(2) Termination of Use by Damage or Destruction.
A. If a building containing a nonconforming residential use, in any district, is damaged or destroyed to any extent, such structure and use may be reestablished on the same lot provided the structure and use meet the same size in height and footprint, as well as complying with the same setbacks as previously existed.
B. If any building containing a nonconforming use, other than a residential use, is damaged, but not to an extent greater than fifty percent (50%) of the principal structure's reconstruction value, such structure and use may be reestablished on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage. Such reestablishment of the use shall require the issuance of a zoning certificate, which must be issued within six months of the damage or the use shall not be reestablished.
C. If any building containing a nonconforming use, other than a residential use, is damaged beyond fifty percent (50%) of the principal structure's reconstruction value, such structure and use may only be reestablished in accordance with this code.
D. Determination of the reconstruction value shall be made by three (3) practicing building construction contractors, one to be appointed by the owner, one to be appointed by the Village and the third to be selected by the mutual consent of the two parties.
(Ord. 2023-16. Passed 6-5-23.)