It is the purpose of this Chapter to provide for the regulation of nonconforming buildings, structures and uses and specify those circumstances and conditions under which those nonconforming buildings, structures and uses which adversely affect the maintenance, development or use and taxable value of other property in the district in which they are located shall be permitted to continue.

This Zoning Title establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that those nonconforming buildings, structures and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.

Any nonconforming building, structure or use which existed lawfully at the time of the adoption of Ordinance No. 64-21-1, as adopted December 3, 1963, and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of this Zoning Title, or of any subsequent amendments hereto, may be continued subject to the regulations which follow. Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued subject to the provisions of this Section.

   A.   Building or Structure Designed or Intended for a Nonconforming Use: Repairs and alterations may be made to a nonconforming building or structure; provided, that no structural alterations which increase the bulk of the building or structure shall be made in or to a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this Section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the building or structure except as hereinabove provided.

   B.   Building or Structure Designed or Intended for a Permitted Use: Repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided said repairs, alterations or structural changes conform to the regulations of the district in which said building or structure is located.

A nonconforming building, structure or use shall not be added to or enlarged in any manner unless such additions or enlargements thereto, as well as the existing building, structure or use, are made to conform to all regulations of the district in which it is located and all other applicable regulations of the Village Code.

No building or structure which does not conform to all the regulations of the district in which it is located, except those required by law, shall be moved in whole or in part to any other location unless every portion of such building or structure which is moved and the use thereof are made to conform to all the regulations of the district in which it is located.

   A.   Building or Structure Designed or Intended for a Nonconforming Use: A building or structure, 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 destroyed 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 shall exceed fifty percent (50%) of the cost of the restoration of the entire building new, shall not be restored, except as required by law, unless said building or structure and the use thereof shall conform to all the regulations, including those of Chapter 13 of this Title, of the district in which it is located. In the event such damage or destruction is less than fifty percent (50%) of the cost of restoration of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one year from date of the partial destruction and is diligently prosecuted to completion.

   B.   Building or Structure Designed or Intended for a Permitted Use: A building or structure, all or substantially all of which is designed or intended for a use which is permitted in the district in which it is located, but which is otherwise not in conformance with all Village Code provisions applicable thereto, and 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 shall exceed fifty percent (50%) of the cost of restoration of the entire building new, shall not be restored, except as required by law, unless said building or structure and the use thereof shall conform to all of the regulations of the district in which it is located and all applicable Village Codes. In the event such damage or destruction is less than fifty percent (50%) of the cost of restoration of the building new, no repairs or reconstruction shall be made unless such restoration is started within one year from date of the partial destruction and is diligently prosecuted to completion.

   A.   Nonconforming Use of Building or Structure:

      1.   Building or Structure Designed or Intended for a Nonconforming Use: 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, which is, or hereafter becomes, vacant and remains unoccupied or is not used for a continuous period of ninety (90) days, 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.

      2.   Building or Structure Designed or Intended for a Permitted Use: If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of ninety (90) days, it shall not be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.

   B.   Nonconforming Use of Land: 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 ninety (90) days, shall not thereafter be renewed, and any subsequent use of the land shall conform to the use regulations of the district in which the land is located.

   C.   Seasonal Uses: Where the nonconforming use is seasonal (defined as a business carried on for a portion of the year because of the nature of the business), a business license shall be taken out at the annual renewal date. The normal period of disuse shall not be considered a discontinuation of the use.

   A.   Nonconforming Use of Building or Structure:

      1.   Building or Structure Designed or Intended for a Nonconforming Use: The nonconforming use of part of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be extended into any other portion of said building or structure nor changed to any other nonconforming use.

      2.   Building Or Structure Designed Or Intended For A Permitted Use: The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded into any other portion of such building or structure or changed to any other nonconforming use.

   B.   Nonconforming Use Of Land: The nonconforming use of land, not involving a building or structure thereon which is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.

   A.   Nonconforming Use Of Building Or Structure:

      1.   Building Or Structure Designed Or Intended For A Nonconforming Use: The nonconforming use of a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may not be changed to any other nonconforming use.

      2.   Building Or Structure Designed Or Intended For A Permitted Use: No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

   B.   Nonconforming Use Of Land: 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 shall not be changed to any other use except to a use permitted in the district in which the land is located.

All buildings, premises and uses permitted in this Section are subject to the applicable performance standards listed in Section 4-8-8 of this Title.

No nonconforming structure or building that was erected, converted, or structurally altered in violation of the provisions of the ordinance which this Zoning Title amends shall be validated by the adoption of this Title unless it complies in all respects with the district regulations as may be amended.

Any appeal from the provisions of this Chapter shall comply with the procedures as set forth in Section 2-1-8 of this Code. (Ords. 75-10-55, 7-29-48, 90-16-72)