Some uses and structures currently existing in the Village may not conform to the requirements of this Appendix A. This may be due to: 1) their establishment prior to the adoption of this Appendix A; or 2) a subsequent modification made to a zoning regulation. Generally accepted planning standards require that such nonconforming uses or structures should be changed over time to conform to the regulations of this Appendix A. This Article addresses the conditions under which uses and structures that do not conform to this Appendix A may continue to exist. Under no circumstances shall a structure or use that was illegal at the time of the adoption of this Appendix A be deemed to become a legal nonconforming use because of such adoption. (Ord. 03-1155, 3-18-2003)

1. Uses In Existence At The Time Of Adoption Of Appendix A. Except as otherwise provided in this Section, the lawful use of a building existing at the time of the adoption of this Appendix A may be continued as a nonconforming use, although such use does not conform to the provisions of Appendix A. Such a use may be extended throughout a building, provided that parking is provided on site that is in compliance with this Appendix A. Further, no structural alterations or additions may be made to the structure in which the use is located other than those ordered by an authorized public official or without first obtaining a special use permit to do so. Further, such extension of the use may not displace any residential use in a residential district.
2. Unimproved Land. A nonconforming use existing at the time of the adoption of this Appendix A, of unimproved land may continue for three (3) years from the effective date of this Appendix A. However, no improvements may be made to the land other than normal maintenance or those ordered by an authorized public official. If such nonconforming use is discontinued at any time or if ownership or possession is transferred, all future uses of the land shall then conform to the provisions of this Appendix A.
3. Modifications To The Law. A zoning district may be changed or the text of this Appendix A may be amended so that a use becomes nonconforming as a result of the action. In those instances, the use may be continued and may be extended throughout the structure in which it is located, provided that parking that is in conformance with this Appendix A is provided on site. Further, no structural alterations may be made other than those ordered by an authorized public official.
4. Discontinuance Of Nonconforming Uses. Whenever a nonconforming use has been discontinued for a period of six (6) months, such nonconforming use shall become illegal and shall not thereafter be reestablished and all future use shall be in conformity with the provisions of this Appendix A. (Ord. 03-1155, 3-18-2003)

1. Nonconforming Lots For Detached Single-Family Dwellings. Notwithstanding the regulations imposed by any other provisions of this Article, in any zoning district in which detached single-family dwellings are a permitted use, a single-family dwelling may be erected and thereafter maintained, repaired, restored, replaced, altered and enlarged on a legal nonconforming lot of record provided that such lot has both width and area which are equal to at least eighty percent (80%) of the lot width and area regulations required in the district in which the lot is located. Such construction shall comply with all other regulations (except lot area, shape, width and depth) applicable to single- family dwellings in the zoning district.
2. Nonconforming Lots For Multi-Family And Commercial Use. In any district in which detached single-family dwellings are not permitted, a legal nonconforming lot of record may be used for any use permitted in the district in which it is located, but only if, the lot of record has a width and area equal to at least eighty percent (80%) of the lot width and area regulations of the district in which it is located. However, the development of such lot shall comply with all other regulations (except lot area, shape, width and depth) applicable to the use and district in which it is located.
3. Adjacent Nonconforming Lots. In certain instances at the time of the adoption of this Appendix A, there may be in existence two (2) or more lots of record, combinations of lots or portions of lots with contiguous frontage in single ownership. If all or part of such lots do not meet the requirements established for lot width and area, the parcels or portions involved shall be considered an undivided parcel for the purpose of this Code. No portion of the parcel or parcels shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Code. Further, no Division of any parcel may be made which creates a lot of a width or area below the requirements stated in this Appendix A. (Ord. 03-1155, 3-18-2003)

1. Use Of Nonconforming Structures.
   
   1. Any structure that cannot be adopted to a conforming use without modifications that will cost in excess of fifty percent (50%) of the structure's fair market value, and that has not been used for twelve (12) consecutive months, shall not be placed back into use and shall be deemed a nuisance that may be abated in accord with the provisions of this Code.
   2. Use of any nonconforming accessory structure shall be terminated and the structure brought into compliance when the principal use on the lot is terminated or ownership or possession of the principal use is changed or transferred.
2. Improvements To Nonconforming Structures. Except as otherwise provided in this Section, no nonconforming structure may be enlarged, extended, expanded or structurally altered. Repairs, however, may be made to buildings or structures even if the building is nonconforming as to height and/or area regulations.
   
   Additionally, structural alterations and enlargements may be made to residential buildings or structures provided that all alterations are in compliance with Village regulations and that:
   1. The building or structure was legally constructed and/or modified with proper permits; and
   2. Upon completion, the structural alteration or enlargement will conform in all respects to the regulations of the district in which it is located.
3. Dwellings Constructed Prior To 1957. Single-family dwellings which were constructed prior to January 1, 1957, are not to be considered as nonconforming. However, such dwellings may not be enlarged or modified if any of the following result from the change:
   1. Decreased required yard areas because of additional encroachment into setback;
   2. Increased height above the maximum permitted by this Appendix A;
   3. Increased portions of the structure that are above such maximum height;
   4. Increased lot coverage above the maximum permitted by this Appendix A; and
   5. Increased FAR above the maximum permitted by this Appendix A.
4. Relocation Of Nonconforming Structures. A nonconforming building or structure shall not be moved in whole or in part to any other location on its lot unless every portion of such building or structure is made to conform to all the regulations of the district in which it is located.
5. Damage To Nonconforming Structures. A building or structure which is nonconforming at the effective date of this Appendix A and is damaged or partially destroyed by fire, flood, wind, or other calamity or act of God to the extent of less than fifty percent (50%) of its fair market value may be restored and its previous occupancy or use resumed, provided such restoration is started within six (6) months of the occurrence of the damage and diligently prosecuted to completion. If, however, such damage amounts to fifty percent (50%) or more of the fair market value of the building or structure, no restoration shall be made unless every portion of the building or structure is made to conform to all the regulations of the district in which it is located. For purposes of this Subsection, the dollar amount of damage shall be the amount that it takes to restore the structure to substantially the same condition that existed prior to the calamity. This shall be based on a certified contractor's estimate obtained by the owner, subject to the approval of the Director of Community Development and building. (Ord. 03-1155, 3-18-2003)
   

Appeals with respect to nonconforming structures are subject to the Zoning Board of Appeals review process as set forth in Chapter 4 of this Code. (Ord. 03-1155, 3-18-2003)