The purpose of this chapter is to provide for the regulation of nonconforming uses, buildings, and structures, and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses may be continued. (Ord. 69-12, 4-23-1969)

   A.   Any nonconforming building, structure, or use which existed lawfully at the effective date hereof, and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the effective date hereof, or of any subsequent amendment hereto, may be continued in accordance with the applicable regulations of this chapter.

   B.   For the purpose of this chapter, a building or structure lawfully constructed or established on the effective date hereof shall be deemed to include any building or structure for which a building permit has been issued prior to such date and on which construction is begun within the required period of time as set forth in this title. (Ord. 69-12, 4-23-1969)

   A.   No building, structure, or use lawfully established on the effective date hereof shall be subject to the provisions of this chapter solely by reason of being nonconforming with respect to the applicable standards prescribed in this title for any of the following:

      1.   Floor area ratio.

      2.   Yards - front, side, rear, or transitional.

      3.   Lot area per dwelling unit.

      4.   Lot width.

      5.   Ground floor area per dwelling.

      6.   Gross floor area.

      7.   Performance standards.

      8.   Off street parking or loading spaces.

   B.   No building, or part thereof, lawfully existing on the effective date hereof, which is designed and used or intended for use as a dwelling, shall be subject to the provisions of this chapter. (Ord. 69-12, 4-23-1969)

Any lawfully existing building or structure which does not conform with the regulations of the district in which it is located shall be subject to the provisions of this section. (Ord. 69-12, 4-23-1969)

   A.   Repairs And Alterations: 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 building and zoning official and shall include, among other things, the replacement of storage tanks where the safety of the operation of the installation requires such replacement. (Ord. 69-12, 4-23-1969; amd. 2012 Code)

   B.   Additions And Enlargements: 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 nonconforming building or structure, and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located.

   C.   Moving: No building or structure, which does not conform to all of the regulations of the district in which it is located, shall be moved, in whole or in part, to any other location unless every portion of such building or structure is moved and is made to conform to all regulations of the district into which it is moved.

   D.   Restoration Of Damaged Nonconforming Building: A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God, may be restored to its original bulk and used for the use existing at the time of damage; provided, that restoration is started within eighteen (18) months after the damage occurred. However, in the event the restoration of a building or structure 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 cost of the restoration of the entire building or structure new, is not started within eighteen (18) months after the damage occurred, said building or structure, and the use thereof, shall thereafter be made to conform to all regulations of the district in which it is located.

   E.   Discontinuance Of Use Of Nonconforming Building Or Structure: A building or structure, or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is vacant on the effective date hereof or hereafter becomes vacant and remains unoccupied, or is not used for a continuous period of one hundred eighty (180) days, shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which it is located.

   F.   Expansion Of Use In Nonconforming Building Or Structure: The nonconforming use of a part of a building or structure may be expanded within the building or structure in which said use is presently located, but no changes or structural alterations shall be made unless such changes or structural alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located.

   G.   Change Of Use In Nonconforming Building Or Structure: A nonconforming use of a nonconforming building or structure may be changed to a use permitted in the district in which the building or structure is located; or in residence districts, a building designed or intended for business use, which lawfully exists within the village limits on the effective date hereof, may be changed to a use permitted in a B-1 neighborhood business district; but no change shall extend or modify any other applicable provisions of this chapter.

   H.   Elimination Of Nonconforming Buildings And Structures:

      1.   Any 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 be removed and its use thereafter shall cease, or shall be converted to a building or structure designed or intended for a use permitted in the district in which it is located in accordance with the following conditions and amortization schedules:

         a.   In all residence districts, any building or structure, all or substantially all of which is designed or intended for a use permitted only in a business or manufacturing district, shall be removed, or it shall be altered and converted to a building or structure designed for a use permitted in the district in which it is located within six (6) months after the termination of the respective period of time as set forth below.

         b.   Any building or structure which is located in a B-1 or B-2 district and which is designed or intended for a use permitted only in M districts shall be removed, or shall be altered, remodeled, or converted for a permitted use within six (6) months after the termination of the life of such building or structure which is hereby established in accordance with the following respective amortization period:

            (1)   Assessed valuation more than five thousand dollars ($5,000.00): In accordance with the types of construction classifications set forth in the building code of the village.

               (A)   Fireproof construction and noncombustible construction: Forty (40) years from the date of the building permit, or twenty five (25) years from the effective date hereof, whichever last occurs.

               (B)   Exterior masonry wall construction: Thirty (30) years from the date of the building permit, or twenty (20) years from the effective date hereof, whichever last occurs.

               (C)   Frame construction: Twenty (20) years from the date of the building permit, or ten (10) years from the effective date hereof, whichever last occurs.

            (2)   Assessed valuation at least two thousand dollars ($2,000.00) but not more than five thousand dollars ($5,000.00): Eight (8) years from the date of the building permit or four (4) years from the effective date hereof, whichever last occurs.

            (3)   Assessed valuation under two thousand dollars ($2,000.00): Four (4) years from the date of the building permit or two (2) years from the effective date hereof, whichever last occurs.

      2.   The nonconforming use of a building or structure shall be terminated at the end of the amortization period of said building or structure as set forth in subsection H1 of this section and shall not thereafter be operated on the premises. (Ord. 69-12, 4-23-1969)

The lawfully existing nonconforming use of a part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be continued subject to the following provisions:

   A.   Expansion Of Nonconforming Use: The nonconforming use of a part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

   B.   Discontinuance: If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of ten (10) days, it shall not be renewed; and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises is located.

   C.   Change Of A Nonconforming Use: No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

   D.   Elimination Of Nonconforming Uses: In all residence districts, any use which lawfully exists at the effective date hereof, but is permitted only in a business or manufacturing district, and which is located in a building, all or substantially all of which is designed or intended for a residential purpose, shall be entirely discontinued and shall thereafter cease operation within five (5) years from the effective date hereof. (Ord. 69-12, 4-23-1969)

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

   A.   Expansion: A nonconforming use of land shall not be expanded or extended beyond the area it occupies.

   B.   Discontinuance: If a nonconforming use of land is discontinued for a period of six (6) consecutive months, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located.

   C.   Change Of Use: A nonconforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.

   D.   Elimination Of Use: The nonconforming use of land shall be discontinued and cease in accordance with the following; except, that in R-1 and R-2 districts, the allowable term shall be reduced by fifty percent (50%):

      1.   Where no buildings or structures are employed in connection with such use: Discontinued within one year.

      2.   Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use and have an assessed valuation not more than two thousand dollars ($2,000.00): Discontinued within two (2) years.

      3.   Where the improvements, underground or substantially at ground level, which comprise all or substantially all of the improvements employed in a nonconforming use of land and which have an assessed value of more than two thousand dollars ($2,000.00): Discontinued within five (5) years.

      4.   Where such use is maintained in connection with a conforming building or structure; except, that inadequate off street parking facilities used in connection with a building, the use of which complies with the requirements of the district in which it is located, may be continued for so long as the premises is so used.

      5.   Where a nonconforming use of land is accessory to the nonconforming use of a building or structure: Discontinued on the same date on which the nonconforming use of the building or structure is discontinued. (Ord. 69-12, 4-23-1969)