The lawful use of any structure or land existing at the time
of adoption or amendment of this chapter may be continued although
such use does not conform to the provisions of this chapter except
as otherwise provided in this article.
A use of land or structure which does not conform to the regulations
of this chapter shall not be altered, reconstructed, extended or enlarged
except in accordance with the following provisions:
A. Such alteration or extension shall be permitted only upon the same
lot as in existence at the date the use became nonconforming.
B. Any increase in volume, area or extent of the nonconforming use shall
not exceed an aggregate of more than 50% of the area allocated to
a nonconforming use during the life of the nonconformity.
C. Any increase in volume, area, or extent of the nonconforming use
shall be in accordance with the other provisions of this chapter.
D. For the purposes of this section, "volume" does not mean volume of
business but rather an increase of cubic volume within a structure
or on a parcel of land.
No structure damaged by fire or other causes to the extent of
more than 75% of its fair market value shall be repaired, reconstructed,
or used except in conformity with the regulations of this chapter.
Structures with damage to the extent of 75% or less of the fair market
value may be reconstructed, repaired, or used for the same nonconforming
use subject to the following provisions:
A. The reconstructed structure shall not exceed the height, area or volume of the damaged structure, except as provided by §
215-150 above.
B. Reconstruction, or sufficient evidence of intent to reconstruct,
shall begin within six months from the date of damage and shall be
carried on without interruption. Submitted building permit applications,
signed contracts for reconstruction work, or other evidence acceptable
to the code enforcement officer may be considered acceptable proof
of intent to reconstruct.
Whenever a nonconforming use has been discontinued for six consecutive
months, such use shall not thereafter be reestablished and any future
use shall be in conformity with the provisions of this chapter.
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another nonconforming use only under the following
conditions:
A. Such change shall be permitted only by special use permit, under the provisions of Article
VII.
B. The applicant shall show that the nonconforming use cannot reasonably
be changed to a use permitted in the district where such nonconforming
use is located. The burden of proof is on the owner of the use or
applicant for the special use permit being sought.
C. The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use with respect
to:
(1)
Traffic generation and congestion, including truck, passenger
car and pedestrian traffic.
(2)
Noise, smoke, dust, noxious matter, heat, glare, and vibration.
(3)
Storage and waste disposal.
No nonconforming use shall be extended to displace a conforming
use.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district of a different
classification, the foregoing provisions shall also apply to any nonconforming
uses or structures existing therein or resulting from such change
of district.
Lots duly noted upon the tax rolls of the Village at the time
of enactment of this chapter which do not comply with the lot requirements
for any permitted use in the district in which they are located shall
be deemed to be nonconforming lots of record.