Where, at the effective date of adoption of the ordinance from which this Chapter is derived, lawful use of land exists that is made no longer permissible under the terms of this Chapter, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied by such use at the effective date of adoption of the ordinance from which this Chapter is derived.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of the adoption of the ordinance from which this Chapter is derived.

(3)

If any such nonconforming use of land ceases for any reason for a period of one year or more, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district in which such land is located.

(Ord. No. 1525, § 14.1, 6-14-2007)

Where a lawful structure, other than a sign or billboard, exists at the effective date of adoption of the ordinance from which this Chapter is derived that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such a structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity.

(2)

Should such nonconforming structure be destroyed or damaged by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it should not be reconstructed or repaired except in conformity with the provisions of this Chapter. A nonconforming structure designed for a nonconforming use, however, may be reconstructed or repaired as a nonconforming structure by action of the Board of Appeals, after public hearing, as required by law in case of variances and as set forth in Section 74-458(2).

(Ord. No. 1525, § 14.2, 6-14-2007)

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption of the ordinance from which this Chapter is derived which would not be allowed in the district under the terms of this Chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located or except as set forth in Sections 74-361(2), 74-364(b) and Subsection (6) of this Section.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this Chapter is derived, but no such use shall be extended to occupy any land outside such building.

(3)

If a nonconforming use has been discontinued for a period of one year or more, it shall not be reestablished, unless the nonconforming use was in a building designed, arranged and intended for such use.

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located and the nonconforming use may not thereafter be resumed.

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(6)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land, except destruction of the structure by fire, an act of nature or other accidental cause. In such instance, the nonconforming use status shall remain and the structure may be reconstructed in conformity with the provisions of this Chapter.

(Ord. No. 1525, § 14.3, 6-14-2007)

(a)

Once changed to conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use shall not be substituted or added to another nonconforming use.

(b)

The foregoing provisions of this Section shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of districts under this Chapter or any subsequent changes in the regulations of this Chapter.

(Ord. No. 1525, § 14.4, 6-14-2007)

(a)

On any structure devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing; provided the cubical content of the structure as it existed at the time of passage or amendment of the ordinance from which this Chapter is derived shall not be increased.

(b)

Notwithstanding any other provision in this Chapter, repairs may be made to any structure, utilized for a nonconforming use, in order to repair damage to the structure caused by fire, an act of nature or other accidental cause. Such structure shall be repaired in conformity with this Chapter, unless approved otherwise by the Zoning Board of Appeals, after public hearing, as required by law in case of variances and as set forth in Section 74-458(b)(2).

(c)

Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any Village Official charged with protecting the public safety, upon order of such official.

(Ord. No. 1525, § 14.5, 6-14-2007)

Any use for which a special use is permitted as provided in this Chapter shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

(Ord. No. 1525, § 14.6, 6-14-2007)