The purpose of this subchapter is to provide for the regulation of nonconforming uses, buildings and structures, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses may be continued.

(Ord. 1999-2, Zoning § 21, subs. .010, passed 2-15-1999)

   Any building, structure or use which existed lawfully at the time of the adoption of the ordinance codified in this chapter and which becomes nonconforming upon the adoption of the ordinance codified in this chapter, or of any subsequent amendment thereto, may be continued only in accordance with the regulations set forth herein.

(Ord. 1999-2, Zoning § 21, subs. .020, passed 2-15-1999)

   Ordinary repairs and alterations may be made to a nonconforming building or structure. Ordinary repairs and alterations shall be determined by the Building Inspector and shall include, among other things, the replacement of storage tanks where the safety of such building or structure requires such replacement.

(Ord. 1999-2, Zoning § 21, subs. .030, passed 2-15-1999)

   A nonconforming building or structure shall not be added to or enlarged in any manner unless such nonconforming building or structure and use thereof, including all additions and enlargements thereof, is made to conform to all the regulations of the district in which it is located. A nonconforming building or structure which is nonconforming only as to bulk may be added to or enlarged, provided such additions or enlargement conforms to all regulations of the district in which it is located.

(Ord. 1999-2, Zoning § 21, subs. .040, passed 2-15-1999)

   No nonconforming building or structure shall be moved in whole or in part to any other location unless every portion of such building or structure, and the use thereof, is made to conform to all regulations of the district in which the moved building is to be located.

(Ord. 1999-2, Zoning § 21, subs. .050, passed 2-15-1999)

   A nonconforming building or structure, or portion thereof, which is destroyed or damaged by fire or other casualty, or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed 60% of the total cost of reconstructing the entire building or structure shall not be restored unless the building or structure and the use thereof conforms to all regulations of the district in which it is located. In the event that such damage or destruction is less than 60% of the cost of reconstructing the entire building or structure, no repairs or construction for restoration shall be made unless such work is started within six months from the date of the partial destruction and is diligently prosecuted to completion.

(Ord. 1999-2, Zoning § 21, subs. .060, passed 2-15-1999)

   A nonconforming building or structure, or portion thereof, which has been voluntarily removed shall not be replaced in any manner unless such replacement building or structure conforms to all the regulations of the district in which it is located; except that a nonconforming mobile home which exists upon adoption of this code may be replaced on only one occasion with a mobile home of equal or greater size and quality, on the condition that said mobile home is replaced within 30 days.

(Ord. 1999-2, Zoning § 21, subs. .070, passed 2-15-1999)

   The existing nonconforming use of a part or all of a conforming building or structure may be continued subject to the following provisions.

   (A)   The nonconforming use of a part of such building or structure shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

   (B)   If a nonconforming use of such a building or structure is discontinued, or abandoned for a period of 30 days, it shall not be renewed, and any subsequent use of such building or structure shall conform to the use regulations of the district in which the premises are located.

   (C)   Any lawful nonconforming use in a conforming building or structure existing in a residence district on the effective date of the ordinance codified in this chapter, or any amendments thereto which is permitted in this chapter as a permitted or conditional permitted use only in a business or manufacturing district shall be entirely discontinued within ten years from the date of the ordinance codified in this chapter or ten years from the date of amendment, unless the village approves by motion, resolution or ordinance the continuation of the nonconforming use in a conforming building or structure existing in the residence district.

   (D)   The nonconforming use of a building or structure, or portion thereof, may be changed to a use permitted in the district in which the building or structure is located. However, once a use is changed to a conforming use, such building or structure shall not thereafter be used for a nonconforming use or purpose.

(Ord. 1999-2, Zoning § 21, subs. .080, passed 2-15-1999)

   The nonconforming use of land not involving a building or structure, or in connection with which any building or structure thereon as incidental or accessory to the principal use of land, or land used for parking or storing one or more trailers other than mobile homes, may be continued subject to the provisions set forth in §§ 155.529 through 155.532 below.

(Ord. 1999-2, Zoning § 21, subs. .090, passed 2-15-1999)

   Such nonconforming use of land shall not be expanded or extended beyond the area it occupied at the time the ordinance codified in this chapter was adopted, and no additional trailers shall be brought on the land.

(Ord. 1999-2, Zoning § 21, subs. .100, passed 2-15-1999)

   If such a nonconforming use of land is discontinued or abandoned for a period of 30 days, it shall not thereafter be renewed, and any subsequent use of such land shall conform to the regulations of the district in which the land is located. If the land is not used for parking or storing a trailer for a period of 30 days, another trailer shall not be brought on the lot after that time.

(Ord. 1999-2, Zoning § 21, subs. .110, passed 2-15-1999)

   No nonconforming use of land shall be changed to another nonconforming use of land.

(Ord. 1999-2, Zoning § 21, subs. .120, passed 2-15-1999)

   Where the nonconforming use of land is accessory to the nonconforming use of a building or structure, it shall be discontinued on the same date on which the nonconforming use of the building or structure is discontinued.

(Ord. 1999-2, Zoning § 21, subs. .130, passed 2-15-1999)