Except as otherwise required by law, a structure or use legally established may be continued unchanged. The owner, occupant, or user shall have the burden to show that the structure, lot, or use was lawfully established.

(Ord. No. 13-10-C-4010, § 6, 10-7-2013)

(a)

Vacancy. Any lot or structure, or portion thereof, occupied by a nonconforming use with a valid certificate of occupancy, which becomes vacant for a period of 6 consecutive months, must be re-occupied by a conforming use in compliance with this chapter. Any nonconforming use without a valid certificate of occupancy is prohibited to be reestablished upon vacancy.

(b)

Damage. If any nonconforming structure or use is, by any cause, damaged to the extent of 50% of its value immediately prior to the event as determined by the Zoning Official, it shall only be reconstructed in compliance with this chapter.

(Ord. No. 13-10-C-4010, § 6, 10-7-2013)

(a)

Maintenance and repair. Maintenance, repairs, and alterations to structures shall be permitted to nonconforming structures or to a building housing a nonconforming use with valid permits.

(b)

Changes to a nonconforming use. A change in use from a nonconforming use must only be made into a conforming use and cannot be changed back to a nonconforming use.

(c)

Additions. All additions to nonconforming structures and parking areas shall conform to the requirements of this chapter. Additions to structures housing nonconforming uses that increase the nonconforming use shall not be made.

(Ord. No. 13-10-C-4010, § 6, 10-7-2013)

(a)

No lot of record may be improved unless it is in conformity with the requirements of this chapter, except that a lot of record in a residential district that does not meet the requirements of this chapter as to area or lot width may nonetheless be improved for a detached residence in the district, provided that it shall meet all the other requirements of this chapter.

(b)

Where 2 or more abutting lots shown in a plat properly recorded with the office of the County Recorder are held or become held in common legal or equitable ownership at any time subsequent to March 2, 1965, and the use of such abutting lots as separate parcels would not meet the requirements of this chapter, the ownership of the lots shall not be separated nor shall any of the lots be used in any way to conflict with the regulations of this chapter. No building permits shall be issued for the use of any lot or portion of lot sold, transferred or conveyed in violation of the provisions of this section; provided, however, that this provision shall not prevent the dividing of presently existing townhouses and multifamily residences into separate ownership units.

(Ord. No. 13-10-C-4010, § 6, 10-7-2013)

(a)

Relief from the provisions of this article may be granted by the Village Board to continue the use of nonconforming buildings, structures or uses, after consideration of the following factors:

(1)

The condition of the building or structure;

(2)

Improvements made to the original building or structure;

(3)

The nature of the nonconforming use;

(4)

Compatibility of the use and/or the building or structure with the neighborhood in which it is located.

(b)

Upon a finding that relief is justified, the property owner shall enter into a covenant or agreement with the Village for the continuation of the nonconforming building, structure or use.

(Ord. No. 13-10-C-4010, § 6, 10-7-2013)