A.

Continuation. Except as otherwise specially provided in this chapter, the lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter, provided, however:

1.

Only that portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered, except when required to do so by law or order or so as to comply with the provisions of this chapter.

2.

The total lifetime structural repairs or alterations shall not exceed fifty (50) percent of the assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.

3.

Substitution of new equipment may be permitted by the plan commission if such equipment will reduce the incompatibility of the nonconforming use with the neighboring use.

B.

Abolishment or Replacement of Existing Nonconforming Use. If such nonconforming use is discontinued or terminated for a period of twelve (12) months, any future use of the structure, land or water shall conform to the provisions of this chapter. From the date of adoption of this chapter, a current file of all nonconforming uses shall be maintained by the zoning administrator, listing the following:

1.

Owner's name and address;

2.

Use of the structure, land or water;

3.

Assessed value at the time of its becoming a nonconforming use.

(Ord. 2007-04 (part); prior code § 13-1-80)

A.

The lawful nonconforming structure existing at the time of the adoption or amendment of this title may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking, loading and access provisions of this title. However, it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law, order, or so as to comply with the provisions of this title.

B.

Additions and enlargements to existing nonconforming structures are permitted and shall conform with the required building setback lines along streets, water and highways, and the yard, height, parking, loading and access provisions of this title.

C.

1.

Existing nonconforming structures may be restored if the structure will be restored to the size, subject to subsection (C)(2) below, location, and use that it had immediately before the damage or destruction occurred, regardless of the cost of the repair, reconstruction, or improvement, if all of the following apply:

a.

The nonconforming structure was damaged or destroyed on or after March 2, 2006.

b.

The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

2.

The size of the structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

3.

All other existing nonconforming structures may be reconstructed if damaged or destroyed only to the extent that the cost of repairs does not exceed fifty (50) percent of its current equalized assessed value.

(Ord. 2007-04 (part); Ord. 129 § 1, 1997: prior code § 13-1-81)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the village board has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the village board.

(Prior code § 13-1-82)

In any residential district, structures may be erected on any legal lot of record prior to the effective date of this code provided that the area, the width and the depth of such existing lot shall be no less than eighty (80) percent of the required minimums set forth in this title. No lot, yard, parking area, building area or other space shall be reduced in area or dimension so as not to meet the provisions of this title.

(Prior code § 13-1-83)