(A) Definition of nonconforming use. A NONCONFORMING USE is the use of land or a structure that, as of the effective date of this Code, are used for purposes that are not allowed in the zoning district in which they are located.
(B) Ordinary repairs and maintenance. Normal maintenance and incidental repair may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided it will not create any new nonconformity, increase the degree of nonconformity or increase the bulk of the structure in any manner.
(C) Structural alterations. No structural alterations shall be performed on any structure devoted to a nonconforming use, except in the following situations:
(1) When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting the public safety.
(2) When the alteration is for the purpose of bringing about a conforming use.
(3) When the alteration will not create any new nonconformity, increase the degree of any existing nonconformity or increase the bulk of the structure in any manner.
(D) Expansion of use. A nonconforming use of land or a structure shall not be expanded, extended, enlarged or increased in intensity. Such prohibited activity shall include, without limitation:
(1) Expansion of any structure devoted entirely to a nonconforming use.
(2) An expansion, extension or relocation of a use or its accessory uses to any land area or structure not currently occupied by such nonconforming use.
(3) An expansion, extension or relocation of such use, including its accessory uses, within a structure, to any portion of the floor area that was not occupied by such nonconforming use.
(E) Relocation. A nonconforming use of land or a structure shall not be relocated, in whole or in part, to any other location on the same lot or parcel. The nonconforming use may only be relocated to another lot or parcel if the use conforms to all regulations of the zoning district in which it is relocated, including all use regulations.
(F) Change of use. A nonconforming use shall not be changed to any use other than one allowed within the zoning district in which it is located. When such a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part which has been made to conform may not be changed back to a use that is prohibited. A change of use shall be deemed to occur when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of this Code shall be deemed an abandonment of the previously existing lawful nonconforming use.
(G) Discontinuation or abandonment.
(1) If a nonconforming use is discontinued, or the structure that it occupies becomes vacant and remains unoccupied for a continuous period of 180 days, such use shall be deemed to be abandoned and shall not be reestablished or resumed regardless of the intent to resume or to continue the use. Any subsequent use or occupancy of such land or structure shall comply with all regulations of the zoning district in which such land or structure is located.
(2) The period of such discontinuance caused by government action or acts of God shall not be included in calculating the length of discontinuance for this section.
(3) If a nonconforming use is offered for sale but continues to remain occupied and functioning during this period, that period shall not be included in calculating the length of discontinuance for this section.
(H) Damage or destruction.
(1) In the event that any structure and/or property that is devoted in whole or in part to a nonconforming use, is damaged or destroyed to the extent of 50% or more of its replacement value at that time, then the nonconforming use cannot be continued unless the use conforms to all regulations of the zoning district in which it is located.
(2) In the event that any structure and/or property that is devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of less than 50% of the replacement value at that time, the structure and/or property may be repaired, reconstructed or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair or reconstruction within one year of the date of damage or destruction, and construction shall be completed within one year of issuance of the building permit.
(4) The replacement value of the structure and/or property, exclusive of foundation, which is devoted in whole or in part to a nonconforming use, shall be based on:
(a) The sale of that structure and/or property within the previous year or, if that is not applicable;
(b) An appraisal within the last two years or, if that is not available;
(c) The amount for which structure and/or property was insured prior to the date of damage or destruction or, if that is not available;
(d) An alternative method determined acceptable by the village.
(5) In the event that the permit is not obtained within one year, or that repairs or restoration are not completed within one year of the issuance of the building permit, then the nonconforming use shall not be continued.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18) Penalty, see § 153.999