[Amended 4-28-1986 by L.L. No. 4-1986; 6-23-1986 by L.L. No. 5-1986; 5-20-2010 by L.L. No. 1-2010]
A. 
A use of a building, structure, lot or land, or part thereof, that does not conform to the use regulations in the zoning district in which it is situated, which use was lawful at the time of the inception thereof and which use has continued without interruption of greater than 10 months at any time since the inception thereof, may be continued but may not be expanded, increased, enlarged or exacerbated.
B. 
No conforming use in any zoning district which shall have been discontinued for a period exceeding 10 months shall be resumed thereafter or replaced by any other nonconforming use.
C. 
No nonconforming use that is changed to a permitted use in the zoning district in which such building, structure, lot or land, or part thereof, is located, shall be resumed or continued.
D. 
Any nonconforming, use as hereinbefore or hereinafter referred to, is an affirmative defense in any action or proceeding.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any owner of any building or structure comprising or containing a nonconforming use which shall be destroyed by fire, explosion, act of God, act of a public enemy, deterioration or neglect to such an extent as to equal or exceed 50% of the current replacement value or adjusted market value, whichever is greater, of such building or structure, excluding foundation value, may not restore such building or structure to such nonconforming use unless application is made to the Board of Appeals for a special permit pursuant to Article XVIII, and such special permit is issued therefor.
B. 
Any building destroyed by fire, explosion, act of God, act of a public enemy, deterioration or neglect to an extent that does not exceed 50% of the current replacement valuation thereof, or adjusted market value, whichever is greater, of such building, excluding foundation value, may continue to be used for the nonconforming use lawfully able to be continued at the time of such destruction, provided that such building is restored within six months after such destruction; provided, however, that such building and such use may not be enlarged or altered except as provided below in this Article XVI.
[Amended 8-22-2022 by L.L. No. 3-2022]
Any alteration to a nonconforming use, building or structure that would decrease the building's or structure's front setback, side yard or rear yard, shall not be permitted hereunder unless an application for variance is made to the Board of Appeals and such application is granted by the Board of Appeals. In any such application, the applicant shall demonstrate to the satisfaction of the Board of Appeals that the cost of all alterations proposed to be made to such building or structure, in the aggregate, will not exceed 50% of the adjusted market value of the affected parcel, as reflected in the then-current assessment roll for the Village. Nothing herein is intended or shall be deemed to preclude the maintenance and good repair of any nonconforming use or building.