A.   Generally: This chapter regulates and limits the continued existence of uses, structures, and lots established prior to the effective date of this title that do not conform to the regulations of this title applicable in the zoning districts in which such uses, structures, and lots are located.

   B.   Zoning Districts:

      1.   The zoning districts established by this title are designed to guide the future use of land within the village by encouraging the development or maintenance of desirable residential, business, and manufacturing areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety, and general welfare.

      2.   The continued existence of nonconformities is frequently inconsistent with the purposes for which such districts are established and thus the gradual elimination of such nonconformities is generally desirable. (2005 Zoning Code)

Nothing in this chapter shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, provided such restoration is not otherwise in violation of the various provisions of this chapter prohibiting the repair or restoration of partially damaged or destroyed structures. (2005 Zoning Code)

No use or structure that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure is terminated, unless it shall thereafter conform to all the regulations of the zoning district in which it is located. (2005 Zoning Code)

Any building, structure, or use which existed lawfully on the effective date of this title, and which becomes nonconforming upon the adoption of this title or of any subsequent amendment hereto, may be continued only in accordance with the regulations of this chapter. (2005 Zoning Code)

Unless otherwise provided by this title, ordinary repairs and alterations may be made to a nonconforming building or structure; provided, that no structural alterations shall be made in or to such building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. Ordinary repairs and alterations shall be determined by the zoning administrator. (2005 Zoning Code)

   A.   A nonconforming building or structure all or substantially all of which is designed or intended for a use not permitted in the district in which it is located shall not be added to or enlarged in any manner unless such additions and enlargements thereof are made to conform to all the regulations of the district in which it is located.

   B.   A building or structure which is nonconforming only as to bulk may be added to or enlarged, provided such addition or enlargement conforms to all regulations of the district in which it is located. (2005 Zoning Code)

   No structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved, except, notwithstanding any provision in this Title to the contrary, a legal nonconforming billboard in the M-2 Manufacturing Zoning District in the vicinity of Interstate 294 removed by the use of eminent domain may be re-erected on the same lot, in the vicinity of the billboard prior to its removal, no later than one year following completion of the Interstate 294 expansion project, even though the re-erected billboard may not conform to all regulations of the zoning district in which it is located.

(2005 Zoning Code; amd. Ord. 24-53, 9-17-2024)

A nonconforming building or structure, or portion thereof, which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed fifty percent (50%) of the total cost of reconstructing the entire building or structure, shall not be restored unless said building or structure and the use thereof shall conform to all regulations of the district in which it is located. In the event that such damage or destruction is less than fifty percent (50%) of the cost of reconstructing the entire building or structure, no repairs or construction for restoration shall be made unless such work is started within three (3) months from the date of the partial destruction and is diligently completed. (2005 Zoning Code)

A nonconforming building, structure or land use, or portion thereof, in which the use is discontinued or abandoned for a period of six (6) consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such structure or land shall comply with the use regulations of the zoning district in which such land or structure is located. Any sale of a nonconforming building, structure, or land use for a use other than the nonconforming use shall terminate any right to the nonconformity upon closing. (2005 Zoning Code)

The nonconforming use of a building, structure, or land, or portion thereof, may be changed to a use permitted in the district in which the building, structure, or land is located. However, once a use is changed to a conforming use, such building, structure, or land shall not be used for a nonconforming use or purpose. (2005 Zoning Code)

The existing nonconforming use of a part or all of a conforming building or structure may be continued, subject to the following provisions:

   A.   The nonconforming use of a part of such building or structure shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

   B.   If a nonconforming use of such a building or structure is discontinued or abandoned for a period of six (6) consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such structure or land shall comply with the use regulations of the zoning district in which such land or structure is located. (2005 Zoning Code)

The nonconforming use of land not involving a building or structure or in connection with any building or structure thereon which is incidental or accessory to the principal use of land may be continued, subject to the following provisions:

   A.   Such nonconforming use shall not be extended or expanded beyond the area it occupies.

   B.   No nonconforming use of land shall be changed to another nonconforming use.

   C.   Where the nonconforming use of land is accessory to the nonconforming use of a building or structure, it shall be discontinued on the same date on which the nonconforming use of the building or structure is discontinued. (2005 Zoning Code)

Any assembly use that was established by any prior enactment of the village as a nonconforming use shall be deemed a special use, even if no special use permit was previously granted to any such assembly use. Any such assembly shall be required to obtain a special use permit for the repair, alteration, enlargement, construction, reconstruction, or restoration to the assembly use building or structure. (Ord. 06-26, 7-18-2006)