The lawful use of land for storage purposes (where such use is not an adjunct of any structure) and for advertising signs and billboards which does not conform to the provisions of this title shall be discontinued within five (5) years from the effective date of this title, and the same uses of land which become nonconforming by reason of a subsequent change in this title shall also be discontinued within five (5) years from the date of the change.

The lawful use of a building existing at the time of the adoption of this title may be continued, subject to the provisions of this title, although such use does not conform with the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use such shall not thereafter be changed to a less restricted use.

No building which has been damaged by fire, explosion, act of God or the public enemy, to the extent of more than fifty percent (50%) of its value, shall be restored except in conformity with the regulations of this title.

In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located.

Except as hereinafter provided, all nonconforming commercial or industrial buildings located within any dwelling district shall be removed or converted, and the building thereafter devoted to a use permitted in the district in accordance with the following schedule:

   (A)   In the case of buildings erected before January 1, 1925, on or before January 1, 1975.

   (B)   In the case of buildings erected between January 1, 1935 and January 1, 1940, on or before January 1, 1980.

   (C)   In the case of buildings erected between January 1, 1940 and January 1, 1945, on or before January 1, 1985.

   (D)   In the case of buildings erected since January 1, 1945, within forty (40) years from the date of the erection of said building. (Ord. 215, 9-17-1962)

The president and board of trustees may, by special permit, after public hearing held by the zoning board of appeals and notice given as provided in title 2, chapter 2 of this code and subject to such protective restrictions that it deems necessary authorize the location, extensions or structural alteration of any of the following buildings or uses, or an increase in their height, in any district from which they are prohibited or limited by this title; provided, that such buildings or uses will not have any serious and depreciating effect upon the value of surrounding property:

Airport, landing field or landing strip.

Any public building erected and used by any department of a municipal, county, state or federal government.

Any use which is generally similar to the uses permitted in the district in which such proposed use is sought to be located by special permit which conforms to the regulations for such district.

Areas for the dumping or disposal of trash or garbage.

Cemetery or mausoleum.

Extraction of gravel, sand or other raw materials.

Greenhouses, provided that any such structures shall not be less than one hundred feet (100') from all property lines.

Hospitals, clinics and institutions, except institutions for criminals and those for persons who are mentally ill or have contagious diseases; provided, however, that such buildings may occupy not over fifty percent (50%) of the total area of the lot or tract and, provided further, that the buildings shall be set back from all yard lines heretofore established an additional distance of not less than two feet (2') for each foot of building height, and that adequate off street parking space will be provided.

Hotels where the primary purpose is to provide seasonal or year round living facilities, but only when they are located upon large tracts and would not adversely affect surrounding residential development.

Nurseries and truck gardens.

Parking lots on land not more than three hundred feet (300') from the boundary of any commercial, business or industrial district, under such conditions as will protect the character of surrounding property.

Radio towers and radio broadcasting stations.

Riding stables.

Roadside stands, commercial amusement or recreational development for temporary or seasonal periods.

Applications for special permits shall be made in writing to the president and board of trustees who may forthwith reject the same or refer the same to the zoning board of appeals for a public hearing and report. Before the issuance of any special permit for any of the above buildings or uses, the zoning board of appeals shall report to the president and board of trustees of the village regarding the public hearing thereon and also upon the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the public health, public safety or general welfare. No action shall be taken granting any application for a proposed building or use above referred to until and unless the report of the zoning board of appeals has been filed, but such report shall be made within sixty (60) days after the matter has been referred to the zoning board of appeals by the president and board of trustees. If the zoning board of appeals recommends against the issuance of the special permit, then it may be issued only by an affirmative two-thirds (2/3) vote of the president and board of trustees of the village. (Ord. 215, 9-17-1962)