Any lawfully established or existing use of a building, other structure or land existing at the effective date of this title, or of amendments thereto, or on the date of annexation thereof to the village, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein. A building or other structure for a nonconforming use under construction on the date of adoption of this title (February 14, 1963) or on the date of adoption of a later amendment creating the nonconformity or on the date of annexation thereof shall be completed within one year. (1983 Code)

Whenever the use of any part of any building, other structure or land occupied is changed to or replaced by a use conforming to the provisions of this title, such premises shall not thereafter be used or occupied by a nonconforming use. Whenever a nonconforming use of such building, other structure or land, or part thereof, has been discontinued for a period of twelve (12) 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 this zoning title. Where no building is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment. (1983 Code)

A nonconforming use of a building, other structure or land or part thereof, may be changed to a use of the same or of a more restricted character, but may not thereafter be changed to any less restricted use, more intensive or lower class of use.

No part of any building, other structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this zoning title shall thereafter be used or occupied for a nonconforming use. Once changed to a conforming use, no such building, other structure or land shall be permitted to revert to a nonconforming use. A nonconforming use shall not be substituted or added to another nonconforming use. (1983 Code)

Normal maintenance of a building, other structure or land containing a nonconforming use may be performed, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

No structural alterations shall be made in such a building, other structure, or land containing a nonconforming use except as hereinafter provided or except in the following situations:

   A.   When the alteration is required by law.

   B.   When the alteration will actually result in eliminating the nonconforming use, i.e., the entire building, other structure or land shall thereafter be devoted to a conforming use, and will be in compliance with and conforming to all the regulations applicable to the district in which it is located.

   C.   The entire area of such structural alteration, enlargement, extension, or remodeling shall be in compliance with and conform to the requirements of the regulations applicable to the zoning district in which the building or other structure is located.

   D.   The building or other structure is remodeled structurally but without enlarging or extending the existing nonconforming building's exterior dimensions and without enlarging, extending, or increasing the degree of the nonconforming use in any manner. (1983 Code)

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at that time, the building or other structure may be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this title. In the event the damage or destruction is less than fifty percent (50%) of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction. In either event, restoration or repair of the building or other structure must be started within a period of one year and diligently prosecuted to completion. (1983 Code)

   A.   If two (2) or more contiguous lots of record (or combination of lots of record or portions of lots of record) are in single ownership or unified control on December 12, 1978, and if all or part of the lots do not meet the requirements for width or area as established by this zoning title, the lots shall be considered an undivided parcel for the purpose of this zoning title. No portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this zoning title, nor shall any division of the parcel be made which leaves remaining any lot or lots with width or area below the requirements stated herein.

   B.   Any lot or parcel of land which is not subject to the restrictions set forth in subsection A of this section (i.e., any lot not part of 2 or more contiguous lots of record or combination of lots of record or portions of lots of record which are in single ownership or unified control on December 12, 1978), which was of record on said date or on the date of annexation thereof, and which does not meet the requirements for minimum lot width and area may be utilized for a permitted use, but except as provided in subsection C of this section, shall meet the other requirements of this zoning title.

   C.   If the area of such a nonconforming lot of record, which is not subject to the restrictions set forth in said subsection A of this section, is less than forty thousand (40,000) square feet, the yards, setbacks and lot width of said lot may be not less than seventy five percent (75%) of the minimum yards, setbacks and lot width otherwise required by this zoning title.

   D.   Any use of any nonconforming lot or parcel shall, in any event, meet the requirements of the health and sanitation title of this code and the requirements of all other ordinances, rules and regulations.

   E.   Nothing herein shall prevent the conveyance of any parcel or any portion of any parcel to an adjoining owner, if after said conveyance, the portion of said parcel not so conveyed (in the event of a conveyance of a portion of a parcel) meets width and area requirements of this zoning title.

   F.   For the purpose of this section, single ownership or unified control of separate lots of record includes ownership by a spouse or child or by land trust of which there is a common beneficial owner, or a land trust as to which a child or spouse is a beneficial owner.

   G.   The provisions of this section shall not be applicable to the required minimum lot area for a school, as provided by section 5-3-1 of this title. (Ord. 06-823, 4-11-2006)