(a)

Any lawfully established use of a structure or land, on October 20, 1987, or of amendments hereto, that does not conform to the use regulations for the districts in which it is located, shall be deemed to be a legal nonconforming use and may be continued except as otherwise provided in this article.

(b)

Any legal nonconforming structure may be continued in use, provided that there is no physical change other than necessary maintenance and repair, except as otherwise permitted in this article.

(c)

Any structure for which a permit has been lawfully granted prior to October 20, 1987, or of amendments hereafter, may be completed in accordance with the approved plans; provided, however, that the construction is started within 90 days and diligently pursued to completion. Such structure shall hereafter be deemed a lawful, established structure.

(d)

Where this chapter by its adoption has reclassified property to a more restrictive district, the owner thereof may use such property for any use or structure permitted under the previous zoning district; provided, however, that such use is commenced within one year from the adoption of this chapter or that a building permit is obtained for such structure during such period and construction is diligently pursued thereafter. Such use or structure shall thereafter be classified a nonconformity.

(Code 1974, § 22-15)

(a)

Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.

(b)

Whenever a nonconforming use of a structure or part thereof has been discontinued for a period of six consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be reestablished and the use of the premises thereafter shall be in conformity with the regulations of the district.

(c)

Where no enclosed structure is involved, discontinuance of a nonconforming use for a period of six consecutive months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

(d)

A use not authorized by the previous zoning ordinance of the village shall be discontinued and not reestablished, except when the provisions of this chapter find the use to be conforming to the district in which it is then located.

(Code 1974, § 22-16)

A nonconforming use or a nonconforming structure may not be replaced by nor changed to another nonconforming use or nonconforming structure; provided, however, that a nonconforming use or a nonconforming structure may be thus changed or replaced in any zoning district as a special use, pursuant to the procedure set forth in section 82-54.

(Code 1974, § 22-17)

The period of time during which the following nonconforming uses and structures may continue or remain in residential districts shall be limited to two years from the October 20, 1987, or of any amendment thereto, which causes the use or structure to be nonconforming. Every such nonconforming use or structure shall be completely removed from the premises at the expiration of the two-year period:

(1)

Any nonconforming structure having an assessed valuation of less than $500.00 on October 20, 1987.

(2)

All nonconforming uses where no enclosed building is involved; or where only buildings employed are accessory or incidental to such use, or where such is maintained in connection with a conforming building.

(Code 1974, § 22-18)

(a)

Normal maintenance of a nonconforming structure or of a conforming structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use or the life of the nonconforming structure.

(b)

No structural alteration shall be made in a structure containing a nonconforming use, except in the following situations:

(1)

When the alteration is required by law.

(2)

When the alteration will actually result in eliminating the nonconforming use or structure.

(3)

When a building in a residential district containing residential nonconforming uses may be altered in any way to improve habitability; provided, however, that no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

(Code 1974, § 22-19)

(a)

If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50 percent or more of its replacement value at that time, the structure can be rebuilt or used thereafter, only in compliance with the provisions of the district in which it is located. If the damage or destruction is less than 50 percent of its replacement value based upon prevailing costs, the structure may then be restored to its original condition and the structure and use thereof may then continue as before the partial destruction.

(b)

In either event, restoration or repair of the structure or other structure must be started within a period of six months from the date of damage or destruction, and diligently pursued to completion.

(Code 1974, § 22-20)

(a)

A conforming structure containing a nonconforming use may be enlarged or extended only if the entire structure is thereafter devoted to a conforming use. The fee for an application for a building permit for such additions and enlargements shall be as set forth in the village's zoning, land use and development permit fee schedule which may be amended by the village from time to time by resolution or ordinance.

(b)

No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

(c)

No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on October 20, 1987, or to displace any conforming uses in the same building or on the same parcel.

(d)

A structure which is nonconforming with respect to yards, height, or any other element of bulk regulated by this chapter shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

(Code 1974, § 22-21; Ord. No. 2016-25, § 8, 8-1-2016)