A.
Nonconforming uses. The lawfully permitted use of land, building or structures existing at the effective date of this chapter or the effective date of any amendment thereto which may cause an existing use to become nonconforming may be continued although such use does not conform to the provisions hereof. Such uses shall be deemed nonconforming uses.
[Amended 10-19-1985 by L.L. No. 4-1985]
B.
Nonconforming use of buildings and structures.
(1)
A building or structure, the use of which does not conform to the use regulations of the district in which it is situated, shall not be enlarged or extended unless such building or structure, including such enlargement or extension, is made to conform to all regulations, including use, for the district in which it is situated; provided, however, that where the public health, safety or welfare warrants a reasonable and necessary exclusion, temporarily or permanently, permission therefor may be obtained by application to and the approval of the Board of Appeals.
(2)
A nonconforming building or structure shall not be structurally altered unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted.
C.
Nonconformity other than use. A building and structure that is conforming in use but does not conform to the height, yard, area, or other dimensional requirements shall not be considered to be nonconforming within the meaning of Subsections A and B of this section. A building or structure that is conforming in use, but is nonconforming as to the height, yard, area or other dimensional regulations may be reconstructed, structurally altered, restored, repaired, in whole or in part, except that the degree of nonconformity shall not be increased. No permit shall be issued, however, that will result in the expansion of the floor area or lot coverage of any such nonconformity.
[Amended 11-4-2000 by L.L. No. 2-2000; 6-8-2019 by L.L. No. 5-2019]
D.
A nonconforming use that has been abandoned shall not thereafter be reinstated. Failure to continue such nonconforming use for a period of one year shall be prima facia evidence of such abandonment unless notice of intention to continue shall be filed with the Village Clerk within such period, specifying the nonconforming use which is to be continued. The time for filing such notice shall begin with the effective date of this amendment.
[Added 6-14-1986 by L.L. No. 3-1986]