A nonconforming use may be continued so long as it remains otherwise lawful and does not constitute a public nuisance, subject to the following regulations:
(A) Change or Substitution of Nonconforming Use.
(1) A nonconforming use of a building, structure or land shall not be changed or substituted to another nonconforming use unless the Planning Commission finds that the use proposed is equally appropriate or more appropriate to the district than the existing nonconforming use, and that the use proposed is in less conflict with the character of uses permitted in the applicable zoning district than the existing nonconforming use.
(2) In permitting such change, the Planning Commission may prescribe appropriate conditions and safeguards in accordance with other provisions of this Zoning Code and when made a part of the terms under which the change is granted.
(3) Violation of any conditions and/or safeguards prescribed shall be deemed a violation of this Zoning Code and shall be punishable under Article 150.71, Enforcement and Penalties.
(4) If the Planning Commission permits a change or substitution of a nonconforming use, whenever a nonconforming use is changed to a less intensive use, such use shall not thereafter be changed to a more intensive nonconforming use.
(B) Change of Nonconforming Use to Permitted Use. Whenever a nonconforming use is changed to a use permitted in the district in which the lot is located, it shall cease to be considered a nonconforming use. Whenever such a change is made, no nonconforming use shall be resumed or reinstated.
(C) Land Occupied by Nonconforming Use.
(1) Expansion of Nonconforming Use of Land. A nonconforming use of land shall not be physically enlarged, increased, nor extended to occupy a greater area of land than was occupied by the use at the time it became nonconforming, unless otherwise specified.
(2) Relocation of Nonconforming Use of Land. A nonconforming use of land shall not be moved in whole or in part to any portion of the lot or parcel other than those portions occupied by the use at the time it became nonconforming.
(D) Structures Occupied by Nonconforming Use.
(1) Extension of Nonconforming Use within Building. A nonconforming use of an existing structure may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment to this Zoning Code. However, no such use shall be extended to occupy any land outside such building not previously occupied by such nonconforming use.
(2) Expansion of Building(s). No building occupied by a nonconforming use shall be enlarged or expanded to increase the nonconforming use, and no additional structures shall be constructed in connection with such nonconforming use unless the Planning Commission determines that the proposed expansion and/or improvements shall upgrade the activity and make the resulting development more compatible to the district for which it is zoned and more compatible with the adjacent uses. In making this determination, the Planning Commission shall consider the following:
(a) Hours of operation;
(b) Volume and type of sales;
(c) Type of processing activity;
(d) Nature and location of storage;
(e) Traffic generation by volume, type, and characteristics;
(f) Parking and loading characteristics; and
(g) Noise, smoke, odor, glare, vibration, radiation, and fumes.
(3) Reconstruction of a Building Occupied by a Nonconforming Use. Except as provided for in subsection (D)(4) below, no building or structure occupied by a nonconforming use shall be reconstructed except when the use is changed to a use permitted in the district in which it is located, or upon prior approval of the Planning Commission determines that the proposed improvements shall upgrade the activity and make the resulting development more compatible to the district for which it is zoned and more compatible to the adjacent uses.
(4) Damage or Destruction of Building Occupied by a Nonconforming Use.
(a) Any building or structure occupied by a nonconforming use that has been destroyed or damaged by fire, other casualty, act of God or by a public enemy to the extent of 50% or more of its cost of restoration to the condition in which it was before the occurrence, shall thereafter conform to all the provisions of this zoning code.
(b) The total structural repairs, improvements and alterations including repairs occasioned by fire, other casualty, act of God or by a public enemy to the extent of less than 50% of its cost of restoration, shall not, exceed 50% of the current reproduction value of the structure, unless the structure or use be permanently changed to a conforming use.
(c) Determination of the reproduction value shall be made by three practicing building construction contractors, one to be appointed by the owner, one to be appointed by the village, and the third to be selected by the mutual consent of the two parties.
(d) In the case of repair or replacement of partial destruction of the structure, a zoning permit shall be applied for within six months of the destruction and repairs shall be completed within six months of the issuance of the permit or the nonconforming use shall be considered to be abandoned.
(E) Discontinuance and Abandonment. Any nonconforming use of land or a building or structure shall be considered abandoned when the owner, lessee or tenant has voluntarily discontinued such use for two consecutive years.
(Ord. 2023-03, passed 2-27-2023)