Where, at the time of adoption of this code, lawful uses of land or structures exist that would not be permitted by the regulations of this code, the uses may be continued so long as they remain otherwise lawful and provided:
(a) A nonconforming use of a building, or portion thereof, may be expanded or extended only throughout the floor on which such use is presently located, but no change or structural alteration shall be made unless such change or structural alteration shall be made and the use thereof conform to all the regulations of the district in which the building is located.
(b) A building occupied entirely or partially by a nonconforming use may be modified if such modification is in conformity with all applicable regulations of the district in which the building is located or if the Planning Commission determines that the proposed modification(s) are required to retain or attract investment and will not be injurious to surrounding properties or the Village. Such determination shall be made as part of a public hearing with notice provided in the same manner as a conditional use. See Section 1105.02(j).
(c) No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this code.
(d) No additional structures shall be constructed on a lot with a nonconforming use unless such new structure complies with the requirements of this code and the applicable zoning district.
(e) Change of Use. The nonconforming use of a building may be changed to a conforming use. In addition, the nonconforming use of a building may be changed to a less injurious use if approved by the Planning Commission after a public hearing with notice provided in the same manner as a conditional use (See Section 1105.04.). Thereafter, it shall not be changed back to the former nonconforming use.
(f) Termination of Nonconforming Uses.
(1) Termination of Use through Discontinuance.
A. When any nonconforming use is discontinued or abandoned for more than one year, any new use shall conform to the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance.
B. There may be cases when a structure, or structure and premises in combination, may not be converted to a conforming use because of the original floor plan and design (e.g., townhouses in a single-family residentially zoned area). In these cases, the Planning Commission may determine that the nonconforming use may continue if the nonconforming use is the original use of the structure and/or premises. Appropriate safeguards, conditions, and design standards may be required by the Planning Commission so as to minimize the impact of such continuance on the area.
(2) Termination of Use by Damage or Destruction.
A. If a nonconforming residential use in any district is damaged or destroyed to any extent, such structure and use may be reestablished on the same lot provided it meets the same size in height and footprint, as well as complying with the same setbacks as previously existed.
B. If any building containing a nonconforming use, other than a residential use, is damaged but not to an extent greater than fifty percent (50%) of the principal structure's fair market value, such structure and use may be reestablished on the same lot to the same size and intensity of use as was previously existing immediately prior to the damage or destruction. Such reestablishment of the use shall require the issuance of a building permit, which must be issued within six (6) months of the damage, or the use shall not be re-established.
C. If any building containing a nonconforming use, other than a residential use, is damaged beyond fifty percent (50%) the principal structure's fair market value according, such structure and use may only be reestablished in accordance with this code.
D. Determination of the fair market value shall be made by three appraisers, one to be appointed by the owner, one to be appointed by the Village, and the third to be appointed by the first two; costs of the appraisers shall be borne by the owner.
(Ord. 2879. Passed 10-23-23.)