If a lawful use of a structure, or of structure and land in combination, exists at 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) Proportion of nonconformity. The Planning Commission may conditionally approve or deny the expansion, enlargement, or relocation of any nonconforming use of any structure or land, or combination thereof as a recommendation to Village Council, after giving written notice to abutting and adjacent property owners. One-, two-, or three-family uses, devoted to a use not permitted by this zoning code in the District in which it is located, may be enlarged, extended, constructed, reconstructed, moved, or structurally altered by approval of the Planning Commission and Village Council.
(B) Confinement. 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, except that the Planning Commission, after written notice to abutting and adjacent property owners, may conditionally approve or deny such an extension as a recommendation to Village Council.
(C) Development standards. R-l, R-2, R-3, or R-4 District shall prevail as applicable for any expansion or deconstruction of nonconforming single-family dwelling.
(D) Equal or lesser nonconformity. Any nonconforming use of a structure may be changed to another nonconforming use of the same or a more restricted classification as identified using the North American Industry Classification System (NAICS).
(E) Extinction of nonconforming use.
(1) Replaced by conforming use. Once a nonconforming structure is used for a permitted use it shall thereafter conform to the regulations for the District in which the structure is located, and the nonconforming use may not thereafter be resumed.
(2) Discontinued use. When a nonconforming use of a structure is discontinued or ceases to exist for any reason for two years, the structure shall not thereafter be used except in conformance with the regulations of the District in which it is located. Structures occupied by seasonal uses, such as Christmas tree and produce stands, shall be exempt from this provision.
(3) Demolition/destruction. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land except when the use is re-established within two years of the removal and demolition and can be built to applicable zoning standards.
(Ord. O-2019-24, passed 9-9-2019)