SECTION 801 CONTINUATION
The lawful use of any building or land existing at the time of the enactment of this Law may be continued although such use does not conform with the provisions of this Law. However, all legally pre-existing uses which do not conform with specific provisions of this Law shall not be required to comply with these provisions unless it is specifically stated within this Law that they must comply within a certain reasonable time period.
SECTION 802 ALTERATION OF STRUCTURES
A. Unsafe Structures - Non-conforming buildings damaged by fire, wind, and other catastrophic causes as well as structures declared to be unsafe due to general dilapidation may be restored or rebuilt for the non-conforming use they were used for last. Unsafe structures cannot be restored or rebuilt if it would result in a use which is more non-conforming than the structure was prior to becoming unsafe. When the unsafe condition was caused by fire, wind, or any catastrophic causes, the permit must be applied for within six months from the date of the fire, etc. Otherwise, the building permit need not be granted, as decided by the Village Board.
B. Alterations of Structures - A non-conforming structure may be added to an existing non-conforming structure, or said structure may be altered during its life to an extent of up to 50% of the market value of the building. If the alterations are made to bring the building into conformity with all provisions of this Law, then the 50% rules do not apply. Alterations above 50% shall be allowed if all conditions of this Law are met.
SECTION 803 PRIOR-APPROVED CONSTRUCTION
Nothing herein contained shall require any change in plan, construction, or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently carried on within three months of the date of such permit.
SECTION 804 CESSATION
Whenever a non-conforming use has been discontinued for a period of one year, such use shall not thereafter be re-established, and any future use shall be in conformity with the provisions of this Law.
SECTION 805 DISPLACEMENT
No non-conforming use shall be extended or enlarged to displace a conforming use on the property or adjacent property.
SECTION 806 DISTRICT CHANGES
Whenever the boundaries of a district or zone shall be changed so as to transfer an area from one district or zone to another district or zone of a different classification, the provisions of this article shall also apply to any uses made non-conforming as a result of the change.
SECTION 807 NON-CONFORMING YARD CHANGES
A permitted use which does not conform with yard requirements (e.g., set backs, etc.) may be removed and placed with another structure (same use) which is the same or more in compliance with the yard requirements without going through area variance procedures. The Enforcement Officer shall determine the applicability of this section to specific cases. Additionally, where an existing structure does not comply with set back requirements, additions to the structure may be made where the set backs will not be further violated. Generally, this shall apply to the filling in of irregularly -shaped structures.
SECTION 808 USE CHANGES
A. Once changed to a conforming use, no building or land shall be permitted to revert to a non-conforming use.
B. A legal non-conforming use may be changed to another non-conforming use which is of such a character so as to be equal or less of a nuisance and more in conformance with the zoning law requirements. The Zoning Board of Appeals shall make all determinations as to what new nonconforming uses would be allowable through the normal use variance procedures (See Section 906 on Variances).