(A) Purpose. The purpose of this section is to minimize the hardships that may unintentionally occur to citizens whose present use of their lots, buildings and structures thereon do not conform wholly with the provisions of this chapter. Only uses which are lawful under the existing ordinance before the adoption of this chapter are protected by the provisions of this section.
(B) General provisions.
(1) Any lawfully established use of a building, structure or land, on the effective date of this chapter or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued except as otherwise provided herein.
(2) A legal nonconforming use of a building, structure or land use existing on the effective date of this chapter may be continued, provided no such nonconforming building, structure or use shall be in any way expanded or extended, either on the same or adjoining property.
(3) Total lifetime structural repairs or alterations to a nonconforming building or structure, or to the building or structure of a nonconforming use, shall not exceed 50% of the municipality’s equalized value of the structure at the date of adoption of this chapter unless permanently changed to a conforming building, structure or use.
(4) To prevent deterioration of a nonconforming structure or use and to promote an orderly and efficient change to conforming uses, buildings or structures, the Village Board may allow changes or structural repairs and alterations in a nonconforming use, of an amount over 50% of the municipality’s equalized value of the structure at the date of adoption of this chapter on a conditional use basis, provided that such total repair or deterioration is not over 50% of the current equalized value as of date of application for conditional use permit under § 157.133.
(C) Changes and substitutions.
(1) When any legal nonconforming use of a building, structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.
(2) If no structural alterations are made, a nonconforming use of a building, structure or land may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use, such use shall not thereafter be changed to a less restricted use. For the purpose of this regulation, uses permitted in the R-1 Single-Family District shall be deemed to be those in the most restricted classification.
(D) Repair of damages and/or discontinuance.
(1) When a nonconforming building or structure is damaged by fire, explosion, flood or other calamity, to the extent of more than 50% of its current fair market value, it shall not be restored except so as to comply with the regulations of the district in which such building is located (see exception noted in § 157.057(B)(16)). See conditional use alternative in division (B)(4) above.
(2) Whenever a nonconforming use is discontinued for a period of 12 consecutive months, any future use of the building, structure or land shall conform to the regulations of the district in which it is located.
(Prior Code, § 22.16) (Ord. passed - -2011)