This Section is intended to gradually eliminate inappropriate uses of buildings or structures designed or intended for uses allowed within the district in which they are located, but is not intended to eliminate any use not permitted in the district if such use is appropriate to the design or intent of such building or structure.
(A) In all residence districts any use of a building or structure, all or substantially all of which is designed or intended for a use permitted only in a residential district, but is being used for a use permitted only in a commercial or industrial district, shall be terminated within five years of the effective date of the ordinance of the Village which created or declared the nonconformity.
(B) In all commercial districts any use of a building or structure all or substantially all of which is designed or intended for a use permitted only in a residential or an industrial district, shall be terminated within ten years of the effective date of the ordinance of the Village which created or declared the nonconformity.
(C) In all industrial districts any use of a building or structure all or substantially all of which is designed or intended for a use permitted only in a residential or a commercial district, shall be terminated within 15 years of the effective date of the ordinance of the Village which created or declared the nonconformity.
(D) In all districts any use of a building or structure, all or substantially all of which existed lawfully at the time of these amendments which shall become nonconforming upon the adoption of these amendments to the Zoning Ordinance may be continued as hereinafter provided:
(1) Upon written notice from the Zoning Administrator to the owners or interests therein, that any building, structure, lot or regulated use is nonconforming under the use provisions of the Zoning Ordinance as amended, the owners or interests therein shall, within three months from the date of such notice, apply to the Zoning Administrator for a Certificate of Nonconformance and Amortization Schedule.
(a) Failure to apply for a Certificate of Nonconformance and Amortization Schedule within three months of the notice provided for above, will require the termination of the nonconformance within six months of the date of said notice provided for in this Section.
(b) Nonconformances that have obtained a Certificate of Nonconformance and Amortization Schedule from the Zoning Administrator shall be discontinued within one year of the notice provided for in this Section.
(2) The nonconforming use of land shall be discontinued and cease six months from the effective date of the ordinance of the Village which created or declared the nonconformity in each of the following cases:
(a) Where no buildings or structures are employed in connection with such use.
(b) When the only buildings or structures or other physical improvements are accessory or incidental to such use.
(3) A nonconforming use of land which is accessory to the nonconforming use of building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.
(4) Improvements located underground, or substantially at ground level, which comprise all or substantially all of the improvements employed in a nonconforming use of land, and which have an assessed valuation in excess of $2,000, shall be deemed a nonconforming structure and shall be subject to the applicable provisions of this Article.
(Ord. 05-2539, passed 10-11-05)