The lawful use of a building, structure, property or fixture
that existed at the time of this chapter or an applicable amendment
to this chapter took effect and which is not in conformity with the
provisions of the chapter, including the routine maintenance of such
a building, structure or property, may be continued, subject to the
following conditions, exceptions and regulations:
A. If a nonconforming use is discontinued for 12 consecutive months,
any future use of the building, structure, property or fixture shall
conform to this chapter.
B. Any legal nonconforming use of the property which does not involve
the use of a structure and which existed at the time of the adoption
or subsequent amendment of this chapter may be continued although
such use does not conform with the provisions of the chapter. However,
such nonconforming use may not be extended or enlarged.
C. Total structure repairs or alteration in such a nonconforming building,
premises, structure or fixture shall not during its life exceed 50%
of the assessed value of the building, premises, structure or fixture
unless it is permanently changed to conform to the use provision of
this chapter.
D. A file of nonconforming use shall be maintained by the Zoning Administrator
listing the following: owner's name and address; tax identification
number, use of the buildings, premises, structures and fixtures, and
the accumulated value of any permitted repairs since becoming a nonconforming
use.
A dwelling or other structure that existed lawfully before this
chapter or an applicable amendment to this chapter took effect and
which is not in conformity with the provisions of this chapter for
development regulations such as setbacks, height, lot area, lot width,
lot coverage, yards, parking, loading, access, etc., may be continued,
subject to the following:
A. A nonconforming structure may be repaired, maintained, renovated
or remodeled without regard to the cost of the work.
B. A nonconforming structure may not be extended, enlarged, reconstructed,
moved, structurally altered or expanded except when:
(1) Such extension, enlargement, reconstruction, etc., is required by
law or so as to comply with the provisions of this chapter; or
(2) The change does not result in an increase to the nonconforming nature
of the structure. No such change may increase the parking requirements
for the use unless the on-site parking requirements of this chapter
are met.
C. Nonconforming structure damaged beyond repair.
(1) A nonconforming structure that is damaged beyond repair or destroyed
may only be reconstructed in conformance with the provisions of this
chapter, except that such a structure may be restored to the size,
location and use that it had immediately before the damage or destruction
occurred as follows:
(a) The damage or destruction occurred on or after March 2, 2006; and
(b) The damage or destruction was caused by violent wind, vandalism,
fire, flood, ice, snow, mold or infestation.
(2) If the requirements of Subsection
C(1)(a) and
(b) are met, the size of the structure may be larger than the size it was immediately before the damage or destruction occurred if necessary for the structure to comply with applicable state, federal and Village requirements.
Once a nonconforming use, structure or property 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.