The purpose of this subchapter is to provide for the regulation of non-conforming uses, buildings and structures and to specify those circumstances and conditions under which those non-conforming buildings, structures and uses may be continued.

(1981 Code, Art. V, A) (Ord. passed 12- -1986)

   (A)   Any non-conforming building, structure or use which existed lawfully at the time of the adoption of this chapter and which remains non-conforming and any such building, structure or use which shall become non-conforming upon the adoption of this chapter or of any subsequent amendment thereto, may be continued in accordance with the applicable regulations of this subchapter.

   (B)   For the purpose of this subchapter, a building or structure, lawfully constructed or established on the effective date of this chapter, 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 chapter.

   (C)   Lawfully constructed buildings or structures which become non-conforming due to condemnation actions or proceedings by a governmental entity or agency may be continued in accordance with the applicable rules of this chapter.

(1981 Code, Art. V, B) (Ord. passed 12- -1986; Am. Ord. 07-02, passed 1-16-2007)

   (A)   No building, structure or use, lawfully established on the effective date of this chapter, shall be subject to the provisions of this subchapter solely by reason of being non-conforming with respect to the applicable standards prescribed in this chapter 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; and

      (8)   Off-street parking or loading spaces.

   (B)   No building, or part thereof, lawfully existing on the effective date of this chapter, which is designed and used or intended for use as a dwelling, shall be subject to the provisions of this subchapter.

   (C)   It is intent of this § 157.107 to allow alteration, expansion, remodeling of non-conforming single-family dwellings and/or other structures so long as expansion activities do not make the buildings or structures “more” non-conforming.

(1981 Code, Art. V, C) (Ord. passed 12- -1986; Am. Ord. 04-01, passed 1-5-2004; Am. Ord. 04-15, passed 5-17-2004)

   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.

      (1)   Minor repairs and alterations may be made to a non-conforming building or structure; provided that, no structural alterations shall be made in or to the 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.

      (2)   Minor repairs and alterations shall be determined by the Building Inspector and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires the replacement.

      (1)   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 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, as defined by a building permit having been applied for and granted within 12 months from the date the damage occurred.

      (2)   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 50% of the cost of restoration of the entire building or structure new, is not started within 12 months after the damage occurred, the building or structure and the use thereof shall thereafter be made to conform to all regulations of the district in which it is located.

      (3)   An additional extension of the restoration period for six months may be granted by the Village Board for good cause shown.

(1981 Code, Art. V, D) (Ord. passed 12- -1986; Am. Ord. 04-01, passed 1-5-2004; Am. Ord. 04-15, passed 5-17-2004)

   The lawfully existing non-conforming use of a part or all of a building or structure, all or substantially all of which building or structure in which it is located, may be continued subject to the following provisions.

   (A)   Expansion of non-conforming use. The non-conforming 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 the building or structure, nor changed to any other non-conforming use.

   (B)   Discontinuance. If a non-conforming 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 180 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 are located.

   (C)   Change of a non-conforming use. No non-conforming use shall be changed to another non- conforming use when the 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.

(1981 Code, Art. V, E) (Ord. passed 12- -1986) Penalty, see § 157.999

   The non-conforming 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 non-conforming use of land shall not be expanded or extended beyond the area it occupies.

   (B)   Discontinuance. If a non-conforming use of land is discontinued for a period of six 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 non-conforming 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.

(1981 Code, Art. V, F) (Ord. passed 12- -1986)