A use, building, lot or structure lawfully in existence as of the effective date this chapter and nonconforming with it or any subsequent amendment may be continued, except as otherwise provided herein with respect to specific uses. Upon request, the Code Enforcement Officer may issue certificates of nonconformance to owners or operators of bona fide nonconforming uses, buildings or structures who desire confirmation of their rights hereunder.

It is the purpose of this article to limit the injurious impact of nonconforming uses, buildings, lots and structures on other adjacent properties within a particular district and the community as a whole, while recognizing that alterations, continuations and extensions of nonconforming uses, buildings or structures may not be contrary to the public interest or the general purpose of this chapter, when failure to allow such alteration, continuation or extension would itself lead to neighborhood or district deterioration.

It is further the purpose of this article to set forth those standards which are to be applied by the Village in determining the reasonableness of proposals to alter, continue or extend a nonconforming use and to establish when Village review and approval shall be required for such actions.

The protections extended by this article to existing nonconforming uses, buildings, lots or structures, commonly known as "grandfathering," shall not extend to any illegal or unapproved nonconforming activity occurring subsequent to the effective date of this chapter, as amended.

Normal maintenance and repair activities, such as painting, replacing a roof or fixing gutters, shall be permitted. Also permitted are alterations, such as adding or removing windows, and interior renovations that do not structurally alter buildings, add living areas or result in extended or increased nonconforming use of a building, lot or structure.

Increases in outside storage or display of retail or wholesale inventory, which in the ordinary course of business would be sold within one year, shall be permitted, provided that they do not eliminate parking spaces, unoccupied open spaces or accesses required by this chapter. Notwithstanding this provision, however, the Planning Board, in reviewing any special use application for expansion or upon determining, with respect to any present use, that a condition exists which requires remedies, may establish limits on such storage or display or require removal of inventory (altogether or to another location on the site) to preserve adequate sight distances and residential buffers or otherwise protect public health, safety and welfare.

If less than 75% of the floor area of any nonconforming use, building or structure is damaged, it may be restored or reconstructed within 18 months of the date of the damage, with an extension in time allowable where proven necessary to the Planning Board. If more than 75% is affected, then the replacement or reconstruction shall be permitted by special use permit.

A nonconforming use, building or structure may be reestablished within a period of 12 months after it has been discontinued or vacated, with an extension of 12 months allowable where proven necessary to the Planning Board.

A nonconforming use, building or structure shall be considered abandoned under the following circumstances:

Should a nonconforming use be abandoned, it may not be reestablished once a period of 12 additional months has expired, unless an extension shall have been granted by the Planning Board as provided in Subsection B above.

There shall be no expansion in the amount of land area outside a nonconforming facility which is used for storage of materials, supplies and/or products, excepting with respect to those types of uses specifically provided herein.

Where the nonconforming activity is one which necessarily results in the storage of large quantities of material, supplies or products outside (such as a lumberyard), the Planning Board may require dense evergreen screening sufficient to shield all such materials from the view of adjacent landowners and/or the traveling public.

No addition, change or expansion of a nonconforming use shall further violate setback and/or height regulations of the district in which it is located in any material way. Moreover, no change of use shall be to one of less restrictive classification, as determined by the Planning Board. A nonconforming retail enterprise could be converted to a barbershop, for example, but not to an industrial use.

There shall be no increase in the amount of stormwater runoff for the site over what was existing as of the date of the enactment of this chapter. The USDA Soil Conservation Service, a professional engineer or other appropriate professional may be relied upon to recommend appropriate measures to control stormwater runoff. Such measures shall be attached as conditions of approval by the Planning Board.

In no case will a change, addition or extension of a nonconforming use be allowed which would reduce the level of service for the highway to LOS D or below, divert traffic closer to a nearby residence or substantially reduce any of the parking and unloading requirements of this chapter. If the total number of parking spaces for the site is to be increased more than 25% over those available as of the date of this chapter, the Planning Board may require vegetative screening of the parking area from nearby residential areas.

The use may only be expanded or extended onto another property of record if that property is immediately adjacent to the lot on which the original structure or use was located as of the effective date of this chapter or amendments hereto and the use is not one which has been altogether prohibited as a new use under this chapter.

Should the use proposed for expansion or extension be one which is specifically prohibited as a new use in the Village or is determined by the Planning Board to be one similar to such a use or of such a nature as to impose health, safety or welfare concerns which cannot be satisfied by the imposition of the conditions permitted under this chapter, the requested expansion or extension shall be denied.

A nonconforming use within the Aquifer Protection Overlay Zone or the Tributary Watershed Overlay Zone shall not be increased in size so as to occupy a greater area of land or floor area than was committed to the nonconforming use at the time of such enactment or amendment.

A nonconforming use within the Aquifer Protection Overlay Zone or the Tributary Watershed Overlay Zone shall not be altered, reconstructed, or structurally changed without obtaining site development plan approval from the Planning Board. No site development plan approval shall be granted for any alteration, reconstruction, or structural change for a non-conforming structure or use without a specific finding by the Planning Board that the proposed alteration, reconstruction, or structural change will not violate any of the provisions of Article XI of the Village Code. It shall be the responsibility of the applicant proposing said alteration, reconstruction, or structural change to demonstrate to the Planning Board that the proposed alteration, reconstruction, or structural change will not violate any of the provisions of Article XI of the Village Code as specified for the Aquifer Protection Overlay Zone or the Tributary Watershed Overlay Zone (as applicable).