1264.05   NONCONFORMING USES OF STRUCTURES AND LAND.
   If a lawful use of a structure, or of a structure and land in combination, exists on the effective date of adoption or amendment of this Zoning Code that would not be permitted in the district under the terms of this Zoning Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
   (a)   Expansion of Structure. No existing structure devoted to a use not permitted by this Zoning Code in the district in which it is located shall be enlarged extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
   (b)   Expansion of Use. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this Zoning Code, but no such use shall be extended to occupy any land outside such building.
   (c)   Change to Another Nonconforming Use. If no structural alterations are made, any nonconforming use of a structure, or a structure and premises, may be changed to another nonconforming use, provided that the Board of Zoning Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board may require appropriate conditions and safeguards in accordance with the purpose and intent of this Zoning Code.
      Where a nonconforming use of a structure, or a structure and land, is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use, nor shall the Board of Zoning Appeals grant a variance from this subsection.
   (d)   Change to Permitted Use. Any structure, or a structure and land in combination, in or upon which a nonconforming use is superseded by a
permitted use, shall thereafter conform to the regulations for the district in which it is located, and the nonconforming use may not thereafter be resumed.
   (e)   Discontinuation of Uses. If a nonconforming use of a structure, or a structure and land in combination, ceases for any reason for a period of six months, the structure, or the structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. In applying this subsection to seasonal uses, the time off-season shall not be counted, provided that the off-season time for such uses is reported to the Village.
   (f)   Moving.  No building in which a nonconforming use exists shall be moved to any other part of the lot or parcel upon which it was located on the effective date of the adoption or amendment of this Zoning Code.
   (g)   Removal of Structure. Where a nonconforming use status applied to a structure and premises in combination, the removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 97-45.  Passed 3-17-97.)