Any lawful use existing at the time of the effective date of this chapter except as hereinafter specified may be continued although such use does not conform to the provisions of this chapter.
(A) A nonconforming use of a building may be changed to another nonconforming use by the Planning Commission, restricted as follows: The Planning Commission may permit substitution of a now nonconforming use in place of an existing nonconforming use, provided that the Planning Commission determines that any change of use will be less detrimental to the neighborhood than the existing use.
(B) A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever any one of the following conditions exist: when the use has been discontinued for a period of six months, except for reasons beyond the owners control, or when the nonconforming use has been replaced by a conforming use, or when it has been changed to another permitted or conditionally permitted use by the Planning Commission.
(C) After due notice and public hearing, the Board may permit, with Council approval, the extension of a nonconforming building or use, upon the lot occupied by such use of building at the time of enactment of the zoning ordinance of the village. (dated November, 1969), or on a lot adjoining and where such extension is a necessary incident to the existing use and provided that such extension shall not exceed in all 75% of the square footage of the ground floor of the existing buildings at the time of the one and only extension which may continue on line with present building structure, and not conforming to set back regulations until approaching another owner's property line.
(1) There shall be only one extension granted.
(2) Any adjoining lot shall be subject to the original set back and lot coverage rules of the zoning classification the lot is in, except for those that apply to the mutual boundary line the original and the adjoining lot.
(3) The adjoining lots referred to above must be owned by the same owner.
(4) Repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure.
(5) No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.
(6) The reconstruction of a nonconforming use which has been damaged by fire, explosion, or act of God to the extent that the building must be demolished, may be allowed by the Planning Commission. However, the reconstructed building may not exceed 100% of the ground floor area of the original building.
(D) Any residential structure which is nonconforming due to the fact of its being in a C-District or I-District may be enlarged, extended, reconstructed or structurally altered providing it meets with the requirements of the R-3 Multi-Family Residence District.
(E) All existing lots of record, which at the time of adoption or amendment of this chapter, become nonconforming lots in regard to lot area or width, and which are under single ownership and not of continuous frontage with other lots under the same ownership, may be used for any permitted use in the district which they are located. The owner of such a lot shall apply to the Planning Commission for a variance to the district regulations, and every effort shall be made by him to comply with such district regulations. Such variance to the district regulations shall not allow any use of the property other than permitted uses within that district. If two or more lots or combinations of lots or portions of lots with continuous frontage and under single ownership are of record at the time of adoption or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot area or lot width, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter. No portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width or lot area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.
(Ord. 1969-11-22, passed 11- -69; Am. Ord. 1979-10-31, passed - -79)