The lawful nonconforming use of a structure or land 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. However, only that portion of the land 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, to comply with the provisions of this chapter.

Change in tenancy, ownership or management. There may be a change in tenancy, ownership or management of a nonconforming use of a building or structure provided there is no change in the historically allowed nonconforming use.

Enlargements. The nonconforming use of a building or structure shall not be enlarged or increased, nor extended to occupy a greater area of lot, parcel, site, building or structure than was occupied at the time of the adoption or amendment of this chapter.[1]

Relocation. No nonconforming use of a building or structure shall be moved in whole or in part to any other portion of the lot, parcel or site than was occupied by such use at the time of the adoption or amendment of this chapter.[2]

Ordinary maintenance and repairs made to a building or structure which contains a nonconforming use may be allowed provided that ordinary maintenance and repair conforms with the requirements of the district in which it is located, there is not an identifiable change in the historically allowed nonconforming use and such nonconforming use continues and all other provisions of this chapter, including, but not limited to, maximum lot coverage, off-street parking, loading, and landscaping standards are complied with. "Ordinary maintenance and repairs" are defined as follows:

Total lifetime repairs or alterations, other than ordinary maintenance and repair defined in Subsection E, shall not exceed 50% of the Village's assessed fair market 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.

Establishing the existence of a nonconforming use. The burden of proof that a legally permitted (historically allowed) nonconforming use of structure, building or land existed at the time of the adoption or amendment of this chapter shall be the responsibility of the property owner.[3]

Termination. If such nonconforming use of structure or land is discontinued or terminated for a period of 12 consecutive months, it shall be deemed abandoned and any future proposed use of the building or structure shall be in conformity with the use requirements of the zoning district in which it is located.

Building destroyed less than 50%. If any structure with a nonconforming use requires repair to the extent of not more than 50% of its present assessed value (which is cumulative over the life of the structure), the same may be rebuilt and the structure and/or use continued within its original footprint unless the damage is from floodwater (see Subsection E).

Building destroyed more than 50%. Where such a structure is destroyed or damaged to the extent of more than 50% of the structure's present assessed value, it must be permanently changed to conform to the use provisions of the district in which it is located except any public utility located in a restricted district shall be permitted to rebuild, alter or enlarge as the interest of the public demands.

Determination of repair costs. The total cost of repairs includes the fair market value of labor, structural repairs, and finish materials. Labor costs must be included, even if the owner elects to do his own repairs.

Flood damaged structures. If any structure with a nonconforming use is substantially damaged, no repair can be authorized until the Village has determined if the requirements of Chapter 395, Floodplain Zoning, can be met. The total cost of repairs must be calculated by assuming the building will be fully repaired to its predamaged condition, even if the owner elects to do less. All costs to elevate a floodplain structure may be excluded from the cap provided that the lowest floor of the structure is elevated to or above the flood-protection elevation, which is two feet above the base flood elevation, as shown on the Floodplain Map.

A lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform with the lot setbacks, lot area, yard, height, parking and loading, and access provisions of this chapter. However, the structure shall not be extended, enlarged, moved or structurally altered so as to increase or extend the nature of the nonconformity, except when required to do so by law or order or to reduce or remove the nonconformity so as to comply with the provisions of this chapter.

When a nonconforming structure is damaged or destroyed (after March 2, 2006) due to violent wind, vandalism, fire, flood, ice, snow, mold, or infestation, the structure may be repaired or rebuilt to the size, location and use that it had immediately before the damage or destruction occurred. In addition, the structure may be rebuilt to be larger than the size it was, if needed to comply with applicable state or federal requirements, except that such enlargement shall not increase or extend the nature of the nonconformity.

When a nonconforming structure requires reconstruction in excess of 50% of the structure's present assessed value due to lack of maintenance or other reasons not covered by Subsection B above, the structure shall not be reconstructed, except when required to do so by law or order, unless such reconstruction complies with the provisions of this chapter.

A front yard setback less than the setback required will need to be approved, at the discretion of the Building Inspector, where there are existing principal buildings within 200 feet of the proposed building site that are built to less than the required setback. In such cases, the setback shall be no less than the average of the setbacks of the nearest principal building on each side of the proposed site or, if there is no principal building within 200 feet on one side, the average of the setback for the principal building on the one side and the setback required in the applicable zoning district. The average is not to include any building within 10 feet of the road right-of-way.

Any modification of other setbacks, including water line setback, may only be permitted by variance from the Zoning Board of Appeals.