Any legal nonconforming use, or preexisting building or use,
may be continued unless otherwise prohibited or limited in duration
by the provisions of this article.
A legal nonconforming use may not be changed
to a different nonconforming use.
Whenever a legal nonconforming use shall have been abandoned
for a term of six months, or whenever the structure in which a legal
nonconforming use is located is substantially destroyed, the land,
building or structure in which said legal nonconforming use shall
have existed shall not thereafter be used for any nonconforming use.
There shall be no abandonment if, within the six-month term, the nonconforming
use shall be reestablished for a period of at least 30 days. A legal
nonconforming use shall be "substantially destroyed" if the cost to
repair and replace the structure subject to such nonconforming use
exceeds 50% of the current structural replacement value thereof. Where
more than one legal nonconforming use is maintained upon a lot, all
such uses must be abandoned as aforesaid in order for the legal nonconforming
uses to be extinguished. Any legal nonconforming use which shall have
been extinguished as a result of abandonment or destruction as set
forth herein may be reinstated within two years of extinguishment
by special use permit by the Board of Trustees upon good use shown.
A legal nonconforming use or structure may not be enlarged or
extended.
Any legal nonconforming use may be altered or repaired, provided
that the cost of such alteration or repair is no greater than 50%
of the current structural replacement value of the building or structure.
Nonconforming buildings or structures, or a building or structure
in which a nonconforming use is conducted, shall be kept in good repair.
Any building that is declared by any duly authorized official to be
unsafe or unlawful by reason of physical condition shall be restored,
repaired or rebuilt in full conformity with the regulations prescribed
by this chapter for the district in which such building is located.
The Board of Zoning Appeals may, after public hearing on the
written verified application of the owner of property claiming a legal
nonconforming use thereon, confirm such use by determining that such
use is, in fact, a legal nonconforming use.
A.
Evidence
to accompany application to determine legal nonconforming use. Every
application under this section shall state or be accompanied by an
affidavit or affidavits stating the evidentiary facts claimed to establish
such use as a legal nonconforming use and shall be filed in duplicate
with the Board of Zoning Appeals. The Board of Zoning Appeals may,
in its discretion, require the production of additional evidence and
may make whatever independent investigation it may deem necessary.
B.
Confirmation
or denial of legal nonconforming use. The Board of Zoning Appeals,
upon the evidence submitted to and obtained by it, shall make and
file with the Village Clerk a written determination confirming or
denying the legal nonconforming use and stating the facts which it
finds to be established by such evidence, the basis of such findings
and the conclusions it has drawn from such findings.
C.
Issuance
or denial of certificate of occupancy.
(1)
Upon
confirmation by the Board of Zoning Appeals of any legal nonconforming
use pursuant to this section, the Superintendent of Buildings shall
issue to the applicant a certificate of occupancy with an endorsement
thereon specifying the legal nonconforming use so confirmed, and such
certificate shall constitute presumptive evidence that such use is
a legal nonconforming use in any action or proceeding brought to enforce
this chapter.
(2)
Every
nonconforming use for which a certificate of occupancy has not been
issued, as provided in this section, shall be an illegal nonconforming
use for the purpose of any application to or proceeding before any
officer or Board of the Village.
D.
Effect
of section.
(1)
Nothing
in this article shall be deemed to make legal or to permit the confirmation
of any nonconforming use which is not a legal nonconforming use or
to invalidate the use of or require the confirmation of the use of
any land, building or structure for which a valid certificate of occupancy
has been issued prior to and is in effect on the effective date of
this article.
(2)
All
the foregoing provisions relating to nonconforming uses and buildings
shall apply to all nonconforming uses and buildings existing at the
time of the effective date of this article and to all uses and buildings
that become nonconforming by reason of any amendment thereof.
(3)
The
existence of a nonconforming use or building or the application thereto
of the limitations set forth in this article shall not be deemed to
result in unnecessary hardship warranting any variance in the strict
application of any of the provisions of this article to such nonconforming
use or building or to the land on which it is located. It is the intention
of this article that such vested rights as pertain to any nonconforming
use or building shall remain unimpaired but that the same shall not
be extended or increased in any manner whatsoever.
Nothing in this chapter shall prevent the restoration
of a building destroyed by fire, explosion, act of God or act of the
public enemy to the extent of not more than 50% of its value or prevent
the continuance of the use of such building or part thereof, but any
building destroyed in the manner aforesaid to an extent exceeding
50% of its value at the time of such destruction may be reconstructed
and thereafter used only in such a manner as to conform to all provisions
of this chapter.
