(A) Continuation of non-conforming uses. The lawful use of any building, structure, or land existing at the time of the enactment of this chapter may be continuos, although such use does not conform with the provisions of this chapter, provided the following conditions are met:
(1) Unsafe structures. Nothing in this chapter shall prevent restoring to a safe condition any portion of a building or structure declared unsafe by a proper authority as defined by ordinance.
(2) Alterations. A non-conforming building or structure may be altered, improved or reconstructed but not enlarged or extended, provided such work is not to an extent exceeding in the aggregate cost 50% of the replacement value of the building or structure, unless the building or structure is changed to a conforming use.
(3) Extension. A non-conforming use shall not be extended but the extension of lawful use to any portion of a non-conforming building or structure which existed prior to the enactment of this chapter shall not be deemed the extension of such non-conforming use.
(4) Changes. A non-conforming use may be changed to another non-conforming use if the proposed non-conforming use is in less conflict with the character and use of the district than the existing non-conforming use.
(5) Construction approved prior to ordinance. Nothing herein shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within 90 days of the date of the permit.
(6) Restoration. Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding, and continued use of any non-conforming building or structure damaged by fire, collapse, explosion, or Acts of God after the date of this chapter, where the expense of such work does not exceed 50% of the replacement cost of the building or structure at the time such damage occurred and the restoration is completed within 12 months from the date of damage and in accordance with this chapter and the building code.
(7) Abandonment. A non-conforming use has been discontinued for a period of one year or more. Such discontinuance shall be considered conclusive evidence of an intention to legally abandon the non-conforming use.
(B) Displacement. No non-conforming use shall be extended to displace a conforming use.
(C) District changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district of a different classification, the provisions of § 152.017 and division (A) of this section shall also apply to any non-conforming uses existing therein.
(D) Junk yards. No person, firm or corporation shall store or permit storage for a period of more than 15 days of any partly dismantled, inoperable and unlicensed, or wrecked vehicles or their parts; second-hand building materials; junk, paper, containers, or other salvaged articles, including, without limitation, old iron, glass, garbage waste, or discarded materials, upon any lot or land situated within the boundaries of any residential, commercial or industrial area unless same is completely enclosed within a building or garage and is clearly ancillary or incidental to the permitted use or is a use specifically permitted by the applicable district regulations. Such 15-day period shall run from the date that such person, firm, or corporation is notified, in writing, by the Village Zoning and Building Inspector, the Village Council or their agent, that such storage is in violation of this section. Impound lots designated by the Safety Department of the village are permitted storage times of up to one year.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18) Penalty, see § 152.999