This article regulates uses and structures that do not conform to the regulations of this Code and specifies the terms and conditions under which such nonconforming uses and structures lawfully existing upon the adoption of this Code may be permitted to continue. The continuation of nonconforming uses and structures can substantially and adversely impact the orderly development of the village, property values, and the community's character. Accordingly, imposing reasonable conditions on the existence and continued operation of nonconforming uses and structures is necessary.

(Ord. No. 19-2142, § 2, 4-15-19)

(a)

Continuance of use. Any use lawfully existing upon the adoption of this Code or any amendment hereto can continue, provided that:

(1)

If the use is located in a principal building or structure, the use may be continued during the remainder of the building or structure's normal life or until the building or structure has deteriorated to the extent that it is no longer safe or habitable; or

(2)

If the use does not involve a principal building or structure, it may be continued as long as no new principal or accessory building or structure is erected.

(b)

Compliance with codes. The continuance of all nonconforming uses shall be subject to compliance with the regulations of this article.

(c)

Unlawful uses prohibited. No use that was not lawfully existing at the time of the adoption of this Code or any amendment hereto shall become or be made lawful solely by the adoption of this Code or its amendment.

(Ord. No. 19-2142, § 2, 4-15-19)

(a)

Repairs and alterations.

(1)

A nonconforming structure may be increased in size in accordance with this section. No repairs or alterations to a nonconforming structure shall be made to increase the bulk, floor area, or intensity of the structure, unless such repairs or alterations are intended to accommodate a permitted use and such repairs and alterations comply with all village codes, ordinances, rules, and regulations, as amended.

(2)

Nothing in this article shall prevent reconstructing, repairing, or rebuilding a structure containing a nonconforming use rendered necessary by wear, tear, or deterioration provided that the cost of such work shall not exceed 50 percent of the replacement cost of such structure at the time such work is completed, as determined by the zoning administrator.

(3)

If a 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 restoring the structure to its condition immediately preceding the occurrence exceeds 50 percent of the replacement cost of the building or structure at the time immediately preceding the occurrence, as determined by the zoning administrator, the nonconforming use must cease and any reconstruction, construction, rebuilding, repairs, and use must comply with all village codes, ordinances, rules, and regulations, as amended, including the use regulations of the zoning district in which the structure is located.

(4)

If damage to a structure is 50) percent or less of the cost of replacing the structure to its condition immediately preceding the occurrence causing the damage, as determined by the zoning administrator, the nonconforming use shall not be reestablished if the nonconforming use is discontinued for six months or longer.

(b)

Expansion of legal nonconforming use. A nonconforming use shall not be expanded or extended into any portion of the building, structure, or lot that was not occupied by the nonconforming use when this Code was adopted.

(c)

Discontinuance of legal nonconforming use. If a nonconforming use is discontinued for a period of six months or longer, it shall not be reestablished and any subsequent use of the building, structure, or lot shall conform to the use regulations of the zoning district in which such building, structure, or lot is located.

(d)

Change of legal nonconforming uses. A nonconforming use may be changed to a new use only if the new use conforms to the use regulations of the zoning district in which the building, structure, or lot is located.

(e)

Relocation. No building or structure containing a nonconforming use shall be moved in whole or in part to any other location on the same or any other lot unless the use conforms to the use regulations of the zoning district in which the building or structure is to be located.

(Ord. No. 19-2142, § 2, 4-15-19)