(a) A nonconforming use existing at the time of the effective date of this Zoning Code, or any amendment thereto, may be continued.
(b) A nonconforming use which is voluntarily discontinued for one year or more, or a building or other structure devoted to a nonconforming use, which is voluntarily or intentionally altered, removed, damaged or destroyed to an extent exceeding 60 percent of its current fair market value, or which is abandoned by an affirmative act manifestly evidencing an intention to discontinue indefinitely such nonconforming use, shall not be altered, restored, rebuilt, replaced or reinstituted, except as a conforming use, building or structure.
(c) A building or other structure devoted to a nonconforming use which is involuntarily or accidentally altered, removed, damaged or destroyed is entitled to be altered, restored, rebuilt or replaced to its previous condition and use, upon application to and after review and approved by the Planning and Zoning Commission. Such approval shall be granted unless the Commission shall determine that the applicant is not entitled to the benefits of this section.
(d) Except as otherwise provided in this section, nothing shall prevent the strengthening or restoration to a safe and sanitary condition of any part of a building declared unsafe or unsanitary by a public official acting in his or her authorized capacity, nor deny or limit the right or power of the Village at any time to abate or order the removal of any use specifically prohibited or any nonconforming use which constitutes a nuisance per se.
(e) A nonconforming use may not be changed unless changed to a higher use. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. A nonconforming use, if changed to a higher nonconforming use, may not thereafter be changed unless to a still higher use.
(f) For the purpose of this Zoning Code, a use shall be deemed to be changed if changed from a use included in a subdivision of a use class to a use not included in such subdivision, and a nonconforming use shall be deemed to be changed to a higher use if the use to which such nonconforming use is changed is a use included in a subdivision of a use class that, in the arrangement of classes and subdivisions in the classification of uses, preceded the subdivision in which such nonconforming use is included.
(Ord. 2004-193. Passed 11-10-04; Ord. 2006-186. Passed 11-8-06.)