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.
The conforming use of a nonconforming structure existing at
the time of the adoption or amendment of this chapter may be continued
although the structure's size or location does not conform to the
established building setback line along streets or other yard requirements
or height provisions of this chapter.
A. Additions and enlargements to existing nonconforming structures with
a conforming use are permitted and shall conform to the established
building setback lines along streets and the yard, height, parking,
loading, and access provisions of this chapter. The Board of Appeals
may, upon the presentation of evidence showing a practical difficulty,
permit modification to the yard, height, parking, loading and access
requirements or allow additions to and replacements of existing structures
or buildings within the established building setbacks, provided that
the encroachment upon such requirements is no greater than the existing
legal encroachment. A variance from the Board of Appeals would be
needed for any encroachment beyond the established building location.
B. Existing nonconforming structures with a conforming use which are
damaged or destroyed by fire, explosion, flood, or other calamity,
to the extent that the cost of repairs exceeds 50% of their current
assessed value, may be reconstructed at an equal size with comparable
setbacks.
C. Existing nonconforming structures may be moved and shall conform
to the established building setback lines along streets and the yard,
height, parking, loading, and access provisions of this chapter.
The Village Board may permit a nonconforming use to be changed
to a more restrictive nonconforming use. Once the Village Board has
permitted the substitution of a more restrictive nonconforming use,
the substituted use shall become subject to all the conditions required
by the Village Board.
Once a nonconforming use or structure has been changed to a
more restrictive use or a conforming use, it shall not revert back
to the original nonconforming use or structure.