A.
Continuation. The lawful nonconforming use of a structure, land or
water existing at the time of the adoption or amendment of this chapter
may be continued, although the use does not conform with the provisions
of this chapter, provided, however:
(1)
Only that portion of the land or water in actual use may be so continued
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.
(2)
The total lifetime structural repairs or alterations shall not exceed
50% of the assessed value of the structure at the time of its becoming
a nonconforming use unless it is permanently changed to conform to
the use provisions of this chapter.
(3)
Substitution of new equipment may be permitted by the Village Board
if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring uses.
B.
Abolishment or replacement of existing nonconforming use. 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. When a nonconforming use or structure
is damaged by fire, explosion, flood, the public enemy or other calamity
to the extent of more than 50% of its current equalized assessed value,
it shall not be restored except so as to comply with the use provisions
of this chapter. From the date of adoption of this chapter, a current
file of all nonconforming uses shall be maintained by the Clerk-Treasurer,
listing the following:
Any lawful nonconforming structures existing at the time of
the adoption or amendment of this chapter may be continued, although
its size or location does not conform with the lot width, lot area,
yard, height, parking and loading, and access provisions of this chapter.
However, it shall not be extended, enlarged, reconstructed, 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 unless a variance
is first obtained from the Board of Zoning Appeals.
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Village Board has permitted the substitution of a more restrictive
nonconforming use for an existing nonconforming use, the substituted
use shall lose its status as a legal nonconforming use and become
subject to all the conditions required by the Village Board.
An existing lot which does not contain sufficient area to conform
to the dimensional requirements of this chapter, but which is at least
50 feet wide and 5,000 square feet in area, may be used as a single-family
building site, provided that the use is permitted in the zoning district
and the lot is of record in the County Register of Deeds' office prior
to the effective date of this chapter; and, further provided, that
the lot is in separate ownership from abutting lands. If two or more
vacant substandard lots with continuous frontage have the same ownership
as of the effective date of this chapter, the lots involved shall
be considered to be an individual parcel for the purpose of this chapter.
Substandard lots shall be required to meet the setbacks and other
yard requirements of this chapter. A building permit for the improvement
of a lot with lesser dimensions and requisites than those stated above
shall be issued only after approval of a variance by the Board of
Zoning Appeals.
