[Amended 10-25-1999 by Ord. No. 53-99; 1-12-2004 by Ord. No. 3-04; 7-8-2013 by Ord. No. 10-13]
The lawful nonconforming use of a structure, land or water existing
at the time of the adoption or amendment of this chapter may be continued
although the use does not conform to the provisions of this chapter;
however:
A.Â
Only that portion of the land or water in actual use may be so continued,
and the nonconforming use may not be extended, enlarged, reconstructed,
substituted, or moved, except when required to do so by law or order
or so as to comply with the provisions of this chapter.
B.Â
Total lifetime structural repairs or alterations shall not exceed
50% of the Village's equalized value of the structure at the time
of its becoming a nonconforming use unless it is permanently changed
to conform to the use provisions of this chapter.
C.Â
Substitution of new equipment may be permitted by the Zoning Board
of Appeals if such equipment will reduce the incompatibility of the
nonconforming use with the neighboring uses.
If a nonconforming use is discontinued or terminated for a period
of 12 months, any future use of the structure, land, or water shall
conform to the provisions of this chapter.
A.Â
When a nonconforming use is damaged by fire or other calamity to
the extent of more than 50% of its equalized value, and at the date
of said calamity the principal use of said structure was residential,
the same may be rebuilt by the owner of the structure on the date
of said calamity, or his or her heirs, if a permit for reconstruction
is obtained within 12 months from the date of the calamity. When a
nonconforming use is damaged by fire or other calamity to the extent
of more than 50% of its equalized value, and at the date of said calamity
the principal use of said structure is other than residential, it
shall not be rebuilt or restored except so as to comply with the use
provisions of this chapter.
B.Â
A current file or all nonconforming uses and structures shall be
maintained by the Village Plan Commission, listing the following:
property location; use of the structure, land, or water; and the date
that the structure or use became nonconforming.
A lawful nonconforming structure existing at the time of the
adoption or amendment of this chapter may be continued although the
structure's size or location does not conform to the established building
setback line along arterial streets and highways or the yard, height,
parking, loading, access, and lot area provisions of this chapter.
A.Â
Additions and enlargements to existing nonconforming structures are
permitted and shall conform to the established building setback lines
along arterial streets and highways and the yard, height, parking,
loading, and access provisions of this chapter. Existing buildings
and their additions shall not be permitted to encroach further upon
established yard and height requirements than the existing encroachment.
B.Â
Existing nonconforming structures which are damaged or destroyed
by fire, explosion, flood, or other calamity may be reconstructed
and, insofar as is practicable, shall conform to the established building
setback lines along arterial streets and highways and yard, height,
parking, loading, and access provisions of this chapter.
C.Â
Existing nonconforming structures may be moved and, insofar as is
practicable, shall conform to the established building setback lines
along arterial streets or highways and the yard, height, parking,
loading, and access provisions of this chapter.
Once a nonconforming use has been changed to a conforming use
or a nonconforming structure has been altered so as to comply with
the yard, height, parking, loading, and access provisions of this
chapter, it shall not revert back to a nonconforming use or nonconforming
structure. Once the Zoning Board of Appeals has permitted the substitution
of a more restrictive nonconforming use for an existing nonconforming
use, the prior existing use shall lose its status as a legal nonconforming
use and the substituted use shall become subject to all conditions
required by the Board.
