The lawful nonconforming use of land or water without structures, or a lawful nonconforming use in a conforming or nonconforming structure, or a lawful nonconforming use on a conforming or nonconforming lot, which existed at the time of the adoption or amendment of this chapter, may be continued although the use does not conform to the provisions of this chapter; however:
A.
Only that portion of the land or water in actual use may be so continued, and the use may not be extended, enlarged, substituted or moved, and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered, except when required to do so by law or order or so as to comply with the provisions of this chapter.
B.
Total lifetime alterations to a structure with a nonconforming use shall not exceed 50% of the Village's assessed value at the time of the initial building permit application to alter the structure, less the value already applied in prior alterations, unless it is permanently changed to conform to the use provisions of this chapter.
C.
Substitution of new equipment may be permitted by the Planning and Zoning Commission if such equipment will reduce the incompatibility of the nonconforming use or structure with the neighboring uses.
D.
Discontinuance. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this chapter.
E.
Change of ownership or occupancy. A new owner or occupant shall be allowed to continue a nonconforming use and shall conform to the provisions of this chapter.
F.
Abolishment or destruction. When a structure containing a nonconforming use is damaged by fire, explosion, flood, accident, or other calamity to the extent that the cost of repairs exceeds 50% of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter.
G.
Proof of legal existing nonconforming use. The owner, applicant, or a person claiming the benefit of an existing legal nonconforming use shall bear the burden of proving the existence of a legal nonconforming use.