A non-conforming use may be continued so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following regulations:
(a) Change or Substitution to Another Non-conforming Use. A non-conforming use of a building, structure or land shall not be changed or substituted to another non-conforming use unless:
(1) Appeals. The Board of Appeals finds that the use proposed is equally appropriate or more appropriate to the district than the existing non-conforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing non-conforming use. In permitting such change, the Board of Appeals may prescribe appropriate conditions and safeguards in accordance with other provisions of this Planning and Zoning Code and when made a part of the terms under which the change is granted.
A. Whenever a non-conforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive non-conforming use.
B. Whenever a non-conforming use is changed to a use permitted in the district in which the lot is located, it shall cease to be considered a non-conforming use. Upon such compliance, no non-conforming use shall be made, resumed or reinstated.
C. Violation of any conditions and/or safeguards prescribed shall be deemed a violation of this Planning and Zoning Code and shall be punishable under Chapter 1137, Enforcement and Penalties.
(2) An application is filed with the Board of Appeals and such application includes payment of the fee established by the Village.
(b) Land Occupied by Non-conforming Use.
(1) Expansion of Non-conforming Use of Land. A non-conforming use of land shall not be physically enlarged, increased, nor extended to occupy a greater area of land than was occupied by the use at the time it became non-conforming, unless otherwise specified by this Code.
(2) Relocation of Non-conforming Use of Land. A non-conforming use of land shall not be moved in whole or in part to any portion of the lot or parcel other than those portions occupied by the use at the time it became non-conforming.
(c) Structures Occupied by Non-conforming Use.
(1) Extension of Non-conforming Use within Building. A non-conforming use of an existing structure may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this Planning and Zoning Code. However, no such use shall be extended to occupy any land outside such building not previously occupied by such non-conforming use.
(2) Expansion and Improvement of Building(s). No such building shall be enlarged, expanded, altered, improved, or reconstructed to increase the non-conforming use, and no additional structures shall be constructed in connection with such non-conforming use unless the Board of Appeals determines that the proposed changes, additions and/or improvements shall upgrade the activity and make the resulting development more compatible with the district for which it is zoned and more compatible with the adjacent uses. In making this determination, the Board of Appeals shall consider the following:
A. Hours of operation;
B. Volume and type of sales;
C. Type of processing activity;
D. Nature and location of storage;
E. Traffic generation by volume, type, and characteristics;
F. Parking and loading characteristics; and,
G. Noise, smoke, odor, glare, vibration, radiation, and fumes.
(3) Damage or Destruction. In the event a building or structure that is occupied by a non-conforming use is more than fifty percent (50%) destroyed or removed by whatever cause, including acts of God, such building or structure shall not be restored or replaced except in conformity with the regulations for the district in which it is located.
(d) Discontinuance of Use. Whenever a non-conforming use of a building, part of a building, lot or part of a lot is discontinued for one (1) year, such discontinuance shall constitute voluntary abandonment of such use and any subsequent use of the building, part of a building, lot or part of a lot shall conform to the use regulations specified by this Code for the district in which such land is located.
(e) Regulations for Non-conforming Gasoline Service Stations. Gasoline service stations shall comply with the following:
(1) Parking of motor vehicles outside of the gasoline service station shall, both day and night, be limited to two (2) motor vehicles for each bay, including any trailers, plus those vehicles of employees on duty at the gasoline service station and one service vehicle. Trucks and/or trailers for rental shall not be permitted on a gasoline service station site.
(2) Service station premises shall be maintained in a clean, neat condition and there shall be no weeds permitted to grow and no litter or debris permitted to accumulate on the premises, and each service station premises shall be maintained daily so that at the beginning of business there is no such litter or debris.
(3) On any gasoline service station premises, no wares, goods, foods, drinks, tires, batteries, accessories or other item or thing shall be displayed or sold outside the gasoline service station building, except that subject to the approval of the Planning Commission of the box or machine and its location, there may be placed outside the service station building, on the service station premises, a receptacle for receiving charitable gifts of personal property and a machine or cooler for the storage and sale of ice.
(4) No inoperative motor vehicles, equipment, or parts shall be permitted to remain outside on the property.
(5) All activities, except those required to be performed at a fuel pump, air dispenser or self-serve automobile vacuum, shall be conducted entirely within a building.
(Ord. 2012-21. Passed 7-11-12.)