The purpose of this chapter is to provide for the regulations of nonconforming buildings, structures, and uses, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses may be continued. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Uses: Any lawfully established use of a building, structure or land on the effective date hereof, or on the effective date of an amendment to this title, 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, except as otherwise provided herein.

   B.   Buildings Or Structures: Any building or structure lawfully established on the effective date hereof, may continue in use, provided there is no physical change other than that allowed in this chapter.

   C.   Building Permits: Any building for which a building permit has been lawfully granted prior to the effective date hereof, or the effective date of an amendment hereto, may be completed in accordance with the approved plans, provided construction is started within one year of the date of issuance of the building permit; and further provided, that all requirements of this title that can in the estimation of the zoning administrator be complied with are adhered to.

   D.   Business Licenses: Any business for which a business license has been granted prior to the effective date hereof, may establish that business at the location specified; provided, that the business begins operation within one year of the date of issuance of the business license; and further provided, that all requirements of this title that can in the estimation of the zoning administrator be complied with are adhered to.

   E.   Subdivisions: Any proposed subdivision that possesses a valid preliminary plat or subdivision on the date of adoption of this title, whose lots do not meet the required lot area or lot width requirements of the district such lots are located in may use such lots for purpose designated by the preliminary plat, provided all other provisions of this title are adhered to; and further provided, that if the period of validity of such preliminary plat expires without the developer obtaining final plat approval, any subsequent action to develop such land shall be in full compliance with the provisions of this title. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Buildings Or Structures: Whenever any part of a building, structure or land occupied by a nonconforming use 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.

   B.   Uses: Whenever a nonconforming use of a building or structure or part thereof, has been discontinued for a period of one hundred eighty (180) days, or whenever there is evidence a clear intent on the part of the owner to abandon a nonconforming use, such use shall not be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district in which such land is located.

   C.   Abandonment: Where no enclosed building is involved, discontinuance of a nonconforming use for a period of one hundred eighty (180) days shall constitute abandonment and shall not thereafter be used in a nonconforming manner.

   D.   Conformance Required After Vacancy: A building, structure, or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is vacant on the effective date hereof, or thereafter becomes vacant and remains unoccupied, or is not used for a continuous period of twelve (12) months, shall not thereafter be occupied or used except by a use which conforms to the use regulations of the district in which it is located and if recommended by the plan commission and approved by the village board. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Use Restricted: Lots of record existing on the effective date hereof, that do not meet the requirements of this title shall be used only as hereafter provided.

   B.   Combination Of Lots: Wherever one or more lots of record or parts thereof which are contiguous and under common ownership, exist that individually do not meet the requirements of this title, but a combination thereof would meet the requirements of this title, such combination shall be considered a single zoning lot.

   C.   Vacant Lot: Any vacant lot of record having a frontage on a dedicated street (not a dedicated right of way) on the effective date hereof, may be used for a use permitted within the district in which such lot is located, provided one of the following criteria have been met:

      1.   The lot conformed with the minimum lot area and minimum lot width requirements of the previous ordinance.

      2.   A variation of the minimum lot area and lot width requirements of the district in which such lot is located has been granted in accordance with the provisions of section 11-2-7 of this title.

   D.   Compliance Required: With the exception of the previous allowances for minimum lot area and minimum lot width, all other provisions of this title shall be met.

   E.   Resubdivision: Any resubdivision of nonconforming lots of record shall be in full compliance with all provisions of this title. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Maintenance: Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

   B.   Structural Alterations: No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

      1.   The alteration is required by law;

      2.   When the alteration will actually result in eliminating the nonconforming building or structure;

      3.   When the alteration, in the estimation of the building inspector, will reduce the degree of nonconformance;

      4.   When the alteration would result in improved livability of a dwelling unit or units, provided no structural alteration would increase the number of dwelling units;

      5.   When the building inspector determines a structural alteration is necessary to protect the health and safety of inhabitants or users of the structure;

      6.   When a nonconforming building or structure contains a use or uses permitted in the district where such uses are located, provided such structural alterations will not increase the degree of nonconformance. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Reconstruction; Conditions: If a nonconforming building or structure 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 structure shall only be allowed to be reconstructed in any manner that does not fully comply with the provisions of this title under the following circumstances:

      1.   Single-family, two-family and multi-family residences located in a residential district, that do not meet the lot size requirements may be rebuilt, provided all other requirements are met.

      2.   A variation has been granted based on evidence that full compliance is not possible due to a unique hardship. The variation will specify what requirements are to be waived and to what degree. All other requirements of this title shall be met.

   B.   Restore To Original Condition: If damage and destruction does not amount to fifty percent (50%) of the replacement costs, the nonconforming building or structure may be restored to its original condition.

   C.   Time Limit: In any event, restoration or repair must begin within one year of the date of the damage or destruction and be diligently prosecuted to completion. If this is not done, any future use of such land shall be in full compliance with the provisions of this title. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Conditions For Expansion: No nonconforming building or structure or conforming building containing a nonconforming use shall be expanded or enlarged except under the following circumstances:

      1.   The building or structure is nonconforming due to lack of lot size or lot width. Expansion may occur, provided all other provisions of this title have been met.

      2.   A conforming building containing a nonconforming use may be expanded, provided the nonconforming use is discontinued.

      3.   A conforming building or structure that houses more than one use may be expanded, provided such expansion is to be utilized entirely by a conforming use.

      4.   The addition or enlargement would not increase the degree of nonconformance.

   B.   Variance: Expansion may occur if a variation has been granted based on evidence presented to the board of trustees that a unique hardship exists. The variation will specify the conditions under which expansion may occur.

   C.   Different Use Prohibited: The nature of a nonconforming use shall not be changed to a different nonconforming use.

   D.   Detached Accessory Building: A detached accessory building may be constructed in the rear yard of the legal nonconforming building, such accessory building must not occupy more than thirty percent (30%) of the rear yard. Height of the accessory building shall not exceed a height of ten feet (10').

   E.   Carports: A shelter designated as a carport may be erected in the side yard of the legal nonconforming building, provided the structure is not attached to the prime structure and is not located beyond the front of the prime structure. The carport may be covered on the top and two (2) sides. The side abutting the prime structure and the entrance to the carport are to remain open. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Signs: All signs shall be in full compliance with the provisions of this title within a five (5) year period; otherwise they shall be removed.

   B.   Mobile Homes: All mobile homes and mobile structures shall be removed or relocated in a manner to bring full compliance with the yard requirements of the district in which they are located within a period of five (5) years; otherwise they shall be removed.

   C.   Time Period: The period specified for removal shall begin on the effective date hereof, or upon the effective date of any amendment hereto that creates the nonconformity. (Ord. 961, 2-12-1997, eff. 2-22-1997)

   A.   Special Use Permit: Any nonconforming building, structure or use may be converted to a permitted special use by the granting of a special use permit under the provisions of section 11-2-9 of this title.

   B.   Conditions For Allowing: This conversion may only occur when it is shown that the nonconforming building, structure or use is providing a particular service to the residents of the village and that such building, structure or use is not detrimental to the village, or adjacent properties. (Ord. 961, 2-12-1997, eff. 2-22-1997)