1. Applicability. A legal nonconforming use is the use of land that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this Ordinance.
2. Expansion of Use. A legal nonconforming use shall not be expanded, enlarged, or increased in intensity to include any land area or structure not previously occupied by such legal nonconforming use.
3. Relocation of Use. A legal nonconforming use shall not be relocated on the same lot or any other lot unless the relocation of such use meets the requirements of the zoning district in which the use is relocated.
4. Damage or Destruction of Use.
a. In the event that any structure devoted in whole or in part to a legal nonconforming use is damaged or destroyed to the extent of 50% or more of its replacement value, then the use cannot be continued unless it meets the requirements of the subject zoning district.
b. In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than 50% of its replacement value, the structure may be repaired provided that:
(1) The repairs will not create any new nonconformity or increase the degree of any existing nonconformity.
(2) A building permit is obtained for such repairs within 180 days of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit.
c. The replacement value of the legal nonconforming structure shall be established by:
(1) The sale of the structure within the previous year, or if that is not applicable;
(2) An appraisal of the structure within the last two years, or if that is not available;
(3) The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available;
(4) An alternative method determined acceptable by the Village.
5. Change of Use. A legal nonconforming use shall not be changed to any other use unless the use is allowed within the subject zoning district.
6. Discontinuation or Abandonment of Use. If a legal nonconforming use is discontinued, or the structure that it occupies becomes vacant or remains unoccupied for a continuous period of at least 90 days, such use shall be deemed abandoned and shall not be reestablished regardless of the intent to continue the use. Any subsequent use or occupancy of such land or structure shall meet the requirements of the subject zoning district.