Any use other than a conditional use which was established prior to the adoption of this title or which was a permitted use in the district in which it was established at the time of its establishment, but which is not now a use permitted in the district in which it is located, may be continued, maintained, enlarged, relocated or discontinued only in accordance with the following standards and regulations:
A. Additions Or Enlargements: A nonconforming use shall not be enlarged or expanded. For the purpose of this subsection, "enlargement or expansion" shall mean any increase in the floor area occupied by the use beyond building in which it is located or any expansion onto a lot in any district in which the use would also be a nonconforming use.
B. Alterations To Structure: There shall be no enlargement, expansion, structural alteration or increase in the bulk of a building or structure containing a nonconforming use except that such enlargement shall be in all respects conforming to the regulations of the district in which it is located and the use of such enlarged portion of the structure is a permitted use subject to the issuance of a conditional use permit. (Ord. 91-341, 4-2-1991)
C. Damaged Or Destroyed Buildings:
1. Any building or structure containing a nonconforming use which is destroyed or damaged to the extent that the restoration to its condition before the occurrence exceeds fifty percent (50%) of the original square footage of the entire building in the opinion of the village, shall only be restored for use as a permitted use or a conditional use subject to the issuance of a conditional use permit. Such restored building shall conform to the regulations of the district in which it is located.
2. Any building or structure containing a nonconforming use which is destroyed or damaged to the extent that the restoration to its condition before the occurrence is less than fifty percent (50%) of the original square footage of the entire building in the opinion of the village, may be restored to its original condition and may be used to continue the nonconforming use subject to the provisions for nonconforming uses herein.
3. No damaged or destroyed nonconforming use permitted to be reestablished as provided herein shall be reestablished without the issuance of an occupancy permit. (Ord. 2013-898, 6-18-2013)
D. Discontinued Use:
1. If the nonconforming use of any building or structure is discontinued for a period of one year or if a building or structure containing a nonconforming use remains vacant for whatever reason for a period of one year, the nonconforming use of such a building or structure shall be considered abandoned and the building or structure thereafter shall only be used for a permitted use or a conditional use subject to the issuance of a conditional use permit, except as provided in subsection D2 of this section.
2. The nonconforming use of a unique structure, if abandoned as provided above, may be reestablished as the same nonconforming use or as another nonconforming use requiring no physical adaptation of the structure provided that such use shall not be expanded or enlarged beyond the size of the original nonconforming use.
3. A discontinued or abandoned nonconforming use permitted to be reestablished as provided herein shall not be reestablished without the issuance of an occupancy permit.
E. Change Of Use:
1. The nonconforming use of a building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, may be changed to a use allowed in the most restrictive district in which the nonconforming use which presently occupies the building or structure is a permitted or a conditional use or to a use permitted in a more restrictive district. For the purpose of this subsection, the AG district shall be considered the most restrictive and the LI district the least restrictive district. Such a change of use shall not result in the enlargement of the nonconforming use or structure.
2. A nonconforming use shall not be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.
3. The nonconforming use of land not involving a building or structure thereon which is incidental or accessory to the principal use of the land shall not be changed to any other use, except to a use permitted in the district in which the land is located.
F. Industrial Uses: Any industrial use which is a nonconforming use in the district in which it is located shall comply with the industrial performance standards established in section 10-5-1 of this title. (Ord. 91-341, 4-2-1991)