(a) Any structure, land, or use of land or a structure that existed at the time of the effective date of this code, that was legally established under a previous code amendment or version, may be continued even if such use, building, structure, or use of land does not conform to the provisions of this code.
(b) An applicant for any development review procedure (e.g., zoning compliance review, site plan review, variance, etc.) that deals with a nonconformity shall bear the burden of proof in demonstrating that the use, building, or structure, or combination thereof, was a legal nonconformity after February 10, 1983.
(c) Passage of this code in no way legalizes any illegal uses existing at the time of its adoption.
(d) Repair and Maintenance.
(1) On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the footprint and height of the structure as it existed, when it became nonconforming, shall not be increased unless in accordance with this chapter.
(2) Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building, or part thereof, declared to be unsafe by any official charged with protecting the public safety, including, but not limited to, the Village Administrator or building inspector, upon order of such official. Where appropriate, a building permit for such activities shall be required.
(3) For the purpose of this code, the words "maintained" and "repaired" include the ordinary maintenance of a building or structure, the replacement of equipment that is required for the safety of operation, and the replacement or substitutions of machinery or equipment.
(e) Existing Use Reclassified as a Conditional Use. In the event an existing use that was permitted by right at the time the use was established is thereafter reclassified as a conditional use in the applicable district due to a zoning text amendment, such use shall be considered to be an approved conditional use without any further action. However, any subsequent change to such use shall require review and approval in accordance with Section 1105.04. Such use shall not be considered a nonconforming use, provided it is conditionally permitted in the applicable district.
(Ord. 2879. Passed 10-23-23.)