(a)

Existing nonconforming uses. The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of the ordinance from which this chapter is derived, 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 or so as to comply with the provisions of this chapter.

(1)

Lifetime structural repairs or alterations. Total lifetime structural repairs or alterations shall not exceed 50 percent of the village's assessed value of the structure at the time of it becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this section.

(2)

Substitution of new equipment. Substitution of new equipment may be permitted by the board of appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(b)

Abolishment or replacement.

(1)

Discontinued or terminated nonconforming uses. If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this chapter.

(2)

Replacement specified. When a nonconforming use or structure is damaged by fire, explosion, flood, public enemy or other calamity to the extent of more than 50 percent of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter.

(3)

Building inspector to maintain record. A current file of all nonconforming uses shall be maintained by the building inspector listing the following: owner's name and address; use of the structure, land, or water, and the assessed value at the time of it becoming a nonconforming use.

(c)

Existing nonconforming structures.

(1)

The lawful nonconforming structure existing at the time of the adoption or amendment of the ordinance from which this chapter is derived may be continued although its size or location does not conform with the lot width, lot area, yard, height, setback, parking and loading, and access provisions of this chapter.

(2)

Additions and enlargements to existing nonconforming structures are permitted and shall conform with the required building setback lines along streets, water, and highways, and the yard, height, parking, loading and access provisions of this chapter.

(3)

Existing nonconforming structures may be moved or may be reconstructed if damaged or destroyed by fire, explosion, flood or other calamity; and shall conform with the required building setback lines along streets and highways, and the yard, height, parking, loading and access provisions of this chapter.

(4)

The provisions of this section with respect to additions or enlargements, reconstruction, and moving are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is serviced by public sanitary sewer.

(d)

Changes. Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure.

(e)

Substandard lots. A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter may be used as a building site for a single-family dwelling upon issuance of a building permit subject to the following conditions:

(1)

Such use is permitted in the zoning district.

(2)

The lot is on record in the county register of deeds office prior to the effective date of the zoning ordinances.

(3)

The lot is in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the terms of this chapter.

(4)

All the dimensional requirements of this chapter shall be complied with insofar as practical.

(5)

The sanitary provisions of the county sanitary ordinance shall apply to those lots not served by public sewer.

(Code 1999, § 18.42)