Any use, building or structure lawfully existing or under construction on the adoption date of the ordinance from which this chapter derives or of any subsequent amendment thereto, which does not conform to theprovisions of this chapter, shall be known as nonconforming. Such nonconforming use, building or structure may be continued, maintained or changed to a conforming use, but a nonconforming use shall not be:

      (1)   Changed to a use of a lower class.

      (2)   Expanded or structurally altered.

      (3)   Reestablished if discontinued for six (6) months or more.

      (4)   Reestablished if any building or structure is destroyed by any means to an extent of more than fifty (50) percent of the net square footage of the living area; such building or structure shall not be rebuilt or reoccupied for any use except in accordance with the regulations of the zoning district and building codes in which it is located. For the purposes of this article, “net square footage” shall be defined as the gross square footage less the square footage for any attached garage, basement, irrespective of whether it is finished or not, and rooms or decks that are not secured with a properly poured legal foundation.

      (5)   Expanded or structurally altered in any way in the event the damage or destruction to any building or structure is less than fifty (50) percent of the “net square footage” as defined in this article; the building or structure may then be restored to its original condition in accordance to current building codes and such use and occupancy may be continued as it existed at the time of partial destruction. The burden of proof of square footage shall be upon the owner. Normal maintenance and repairs shall be permitted.

      (6)   Reestablished if a nonconforming use, building or structure permitted to exist as nonconforming use, building or structure is altered upon the occurrence of catastrophic destruction, destruction as provided for in this article, or upon the transfer, reconfiguration or change of one (1) of the following, whichever shall first occur: a) the ownership of the business; or b) the real estate or structure, irrespective of the manner of such transfer, reconfiguration or change of ownership. A transfer due to a death of a joint tenant, a tenant in entirety, tenant in common or of an immediate family member shall not be considered a transfer, reconfiguration or change of ownership under this section.

(Code 1972, § 10-14-1; Ord. 2005-13, § 4, 5-23-2005; Ord. 2016-15, § 1, 4-25-2016)

   The nonconforming 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 the land, if discontinued for a period of more than six (6) consecutive months, shall not thereafter be renewed and any subsequent use of the land shall conform to the regulations of the district in which it is located.

(Ord., 9-21-1961; Code 1972, § 10-14-2; Ord. 2016-15, § 1, 4-25-2016)

   Any and all special use permits granted prior to 1972 or after 1972 in a zoning district other than I-1-R is/are declared to be an illegal nonconforming use which use shall not be transferable to any person or entity of whatever type or for whatever reason whatsoever and current uses will not be allowed to expand, reestablish any destroyed or damaged building(s) or renew any subsequent use of the land as a special use. Businesses existing with an illegal nonconforming special use permit shall convert back to the regulations of the district in which it is located upon business transfer of any kind whatsoever, destruction, or abandonment. It is the intent of the village to abate all illegal nonconforming special use permits.

(Ord. 2004-08, § 2, 4-12-2004; Ord. 2016-15, § 1, 4-25-2016)