The purpose of this article is to minimize the hardships that may unintentionally occur to citizens whose present use of their lots, buildings and structures thereon do not conform wholly with the provisions of this division. Only uses which are lawful under existing ordinances before the adoption of this division are protected by the provisions of this article.

(Code 1989, § 13-1-60(1); Ord. of 10-5-2004, § 13-1-60(1))

(a)

Any lawfully established use of a building, structure or land on the effective date of the ordinance from which this division is derived or of amendments hereto that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued except as otherwise provided herein.

(b)

A legal nonconforming use of a building, structure or land existing on the effective date of the ordinance from which this division is derived may be continued, provided no such nonconforming use shall be in any way expanded or extended, either on the same or adjoining property.

(c)

Total lifetime structural repairs or alterations to a nonconforming structure shall not exceed 50 percent of the municipality's equalized value of the structure at the time of its becoming a nonconforming structure, unless permanently changed to a conforming use.

(Code 1989, § 13-1-60(2); Ord. of 10-5-2004, § 13-1-60(2))

(a)

When any legal nonconforming use of a building, structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

(b)

If no structural alterations are made, a nonconforming use of a building, structure or land may be changed to another nonconforming use of the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted nonconforming use, such use shall not thereafter be changed to a less restricted use. For the purpose of this regulation, uses permitted in the R-1 Single-Family District shall be deemed to be those in the most restricted classification.

(Code 1989, § 13-1-60(3); Ord. of 10-5-2004, § 13-1-60(3))

(a)

When a nonconforming building or structure is damaged by fire, explosion, flood or other calamity to the extent of more than 50 percent of its current fair market value, it shall not be restored, except so as to comply with the regulations of the district in which such building is located.

(b)

Whenever a nonconforming use is discontinued for a period of 12-consecutive months, any future use of the building, structure or land shall conform to the regulations of the district in which it is located.

(Code 1989, § 13-1-60(4); Ord. of 10-5-2004, § 13-1-60(4))

A lot located in a residential district which does not contain sufficient area to conform to the dimensional requirements of this division, but which is at least 50 feet wide and 6,000 square feet in area, may be used as a single building site, provided that the use is permitted in the zoning district and the lot is a lot of record in the county register of deeds' office prior to the effective date of the ordinance from which this division is derived. Said lot shall be in separate ownership from abutting lands.

(Code 1989, § 13-1-61(1); Ord. of 10-5-2004, § 13-1-61(1))

A lot located in a business or manufacturing district which does not contain sufficient area to conform to the dimensional requirements of this division may be used as a building site, provided that the lot is a lot of record in the county register of deeds' office prior to the effective date of the ordinance from which this division is derived.

(Code 1989, § 13-1-61(2); Ord. of 10-5-2004, § 13-1-61(2))

Substandard lots granted permits under this section shall be required to meet the setback and other yard requirements of this division. A building permit for the improvement of a lot with lesser dimensions and requisites than those stated above shall be issued only after a variance by the village board of appeals.

(Code 1989, § 13-1-61(3); Ord. of 10-5-2004, § 13-1-61(3))