A. Description: A nonconforming use is a land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located. Lawfully established uses that do not comply with any applicable separation (or spacing) distance requirements (e.g., those that require one land use to be located a certain minimum distance from another land use) are also deemed nonconforming uses.
B. Change Of Use: A nonconforming use may be changed to another other use if it is allowed in the subject zoning district or if it is of substantially the same character of the nonconforming use. Once changed to a conforming use, a nonconforming use may not be re-established.
C. Expansion Of Use:
1. The nonconforming use of land that does not involve a building or structure or that is accessory to the nonconforming use of a building may not be expanded or extended beyond the area the use occupied at the time the use became nonconforming.
2. Nonconforming uses within a building or structure may not be expanded into another part of the same building or structure that was occupied by the subject nonconforming use at the time the use became nonconforming.
D. Remodeling And Improvements: A building in which a nonconforming use is located may be remodeled or otherwise improved as long as the remodeling or improvements do not violate the other regulations of this title.
E. Moving: A nonconforming use may be moved in whole or in part to another location on the same lot only if the movement or relocation does not increase the extent of the nonconformity. A nonconforming use may be moved to another lot only if the use is allowed under the zoning regulations that apply to that (relocation) lot.
F. Loss Of Nonconforming Status:
1. Abandonment:
a. Once a nonconforming use is abandoned, its nonconforming status is lost and any new, replacement use must comply with the regulations of the zoning district in which it is located.
b. A nonconforming use is presumed abandoned when the use is discontinued or ceases, such as when a building is unoccupied, for a continuous period of six (6) months or more.
c. Any period of discontinuance caused by acts of God or accidental fire are not counted in calculating the length of discontinuance.
2. Damage Or Destruction:
a. When a building or structure containing a nonconforming use is damaged by fire, collapse, explosion or other casualty or act of God to the extent that the cost of the restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the market value of the structure, as determined by the property owner's certified appraiser as agreed to by the Village, replacement cost of the building or structure at the time of destruction or damage, the nonconforming use must cease, and any new construction or reconstruction must comply with all regulations, including use regulations, of the zoning district in which the building or structure is located.
b. When a building or structure containing a nonconforming use is damaged or destroyed to the extent that the cost of restoration to the condition in which it was before the occurrence shall be fifty percent (50%) or less of the market value of the structure, as determined by the property owner's certified appraiser as agreed to by the Village, the nonconforming use, if temporarily discontinued, shall not be reestablished, unless restoration is started within six (6) months from the date of partial destruction, and restoration proceeds and does not cease for a period of sixty (60) days, and completion is accomplished within twenty four (24) months from the date of partial destruction.
G. Accessory Uses: No use that is accessory to a principal nonconforming use may continue after the principal nonconforming use has been abandoned. (Ord. 20-1982, 8-25-2020)