1.

Any nonconforming use, building, structure, or lot, as defined herein, may be continued under the regulations of this article. This article shall not be interpreted as authorizing the continuation of any noncompliance with the regulations of this Chapter that did not lawfully exist on the date the ordinance from which this Chapter is derived became effective as to such structure, building, use, lot, or land. Any nonconformity that conformed with the provisions of any previous zoning ordinance applicable to it, or that was rendered nonconforming by an amendment to this Chapter, shall be considered lawful, and may continue as a nonconformity under the provisions of this Chapter.

2.

If a building, structure, land, or use thereof that becomes subject to the provisions of this Chapter in the future, whether by annexation to the Village or otherwise, does not conform with all applicable provisions of this Chapter, it shall be considered lawful and may continue as a nonconformity under the provisions of this article. No building, structure, lot, land, or use thereof that does not conform to the applicable regulations of this Chapter, and does not qualify as an authorized nonconformity as herein defined, shall be considered lawful or be permitted to continue under the provisions of this Chapter.

3.

The regulations of this article pertaining to a building or structure occupied by a nonconforming use apply not only to a building that is completely occupied by such a use, but also to a building that is only partly occupied by such a use.

(Ord. No. 2542, § 1, 9-12-2017)

1.

No nonconforming use occupying a portion of a building shall be extended or expanded into any other portion of the building, beyond that part of the building in such use. In no case shall any addition be made that will provide for the expansion of the nonconforming use.

2.

No nonconforming use of land, except accessory parking, shall be extended or expanded.

3.

No nonconforming building or structure shall be enlarged, extended, expanded, or altered in any way that would increase its nonconformity, nor shall a nonconforming building revert to a prior state of greater nonconformity. No nonconforming structure shall be moved for any reason or by any distance, unless it shall become a conforming structure or building by being moved.

(Ord. No. 2542, § 1, 9-12-2017)

1.

The substitution of one nonconforming use for another, or the addition of another nonconforming use to a present nonconforming use, may be permitted when authorized by this Section. The application for such a substitution or addition shall be referred to the PZC, which shall, within 30 days after receiving the application, direct the Zoning Administrator whether to authorize the issuance of such an addition or substitution only if, in the judgment of the PZC:

a.

The addition or substitution is equally or more appropriate to the district in which it is located than the present use;

b.

The addition or substitution does not increase congestion in the streets or endanger the health, safety, morals, or general welfare of the district in which it is located; and

c.

If it complies with all parking regulations applicable to the new use.

No such substitution or addition will have the effect of postponing the date of termination of the nonconforming use as provided in Section 46-254.

2.

If a use of a building occupied by a nonconforming commercial or industrial use is added to or substituted for the former or present use as provided above, then the PZC may authorize the conversion, structural alteration or enlargement of such a building, or the construction of new structures, provided that such conversion, structural alteration, enlargement, or construction makes the nonconforming use more compatible and visually less nonconforming with the district in which it is located.

3.

Whenever a nonconforming use of a building, structure, or land is substituted for another nonconforming use, then the use must not revert to the prior use at any point in the future, nor be substituted for by any other nonconforming use, except in accordance with the provisions of this section.

(Ord. No. 2542, § 1, 9-12-2017)

1.

If a nonconforming use of land is discontinued for a period of more than six months, it shall be presumed to be abandoned, and the land shall not be used for any use that does not conform with the use regulations of this Chapter at any point in the future. If a nonconforming use of a building is discontinued for a period of more than 12 months for any reason other than damage of the building by fire, explosion, or act of God, or for a period of more than 18 months due to damage of the building by fire, explosion, or act of God, then the use must not be resumed or re-established, and the building must not be used for any use which does not conform with the use regulations of this Chapter.

2.

If the use of a building, structure or land is changed from a nonconforming use to a conforming use, then the nonconforming use shall be deemed to have been abandoned and the use of the building, structure, or land shall not be changed to a use that does not conform with the use regulations of the district in which the building, structure, or land is situated, except as provided above.

(Ord. No. 2542, § 1, 9-12-2017)

1.

Only ordinary repairs and maintenance, including replacement of roof covering, are permitted on any building occupied by a nonconforming use. In no case shall such repairs include structural alteration, except as otherwise provided herein.

2.

Any lawful nonconforming building or other structure that has been involuntarily damaged or destroyed by fire, explosion, windstorm, or other similar active cause, to an extent of not more than 75 percent of its fair market value, may be reconstructed in the same location, provided that:

a.

The reconstructed building or structure shall not exceed the height, area, or volume of the damaged or destroyed building or structure; and

b.

Reconstruction shall begin within one year from the date of damage or destruction and shall be carried on without interruption.

(Ord. No. 2542, § 1, 9-12-2017)

If a lawful nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of one year or more, or if a lawful nonconforming use of land is abandoned or discontinued for a continuous period of six months or more, subsequent use of such building or structure or land must be in conformity with the provisions of this Chapter.

(Ord. No. 2542, § 1, 9-12-2017)

1.

When authorized as a special exception by the PZC, a building may be erected or altered on any lot previously platted and approved by the Village that is not of the required minimum area or width or is of such unusual dimensions that the owner would have difficulty in providing the required open spaces for the district in which the lot is situated.

2.

Where two or more contiguous undeveloped lots are held in single ownership within a subdivision which has been previously platted and approved by the Village and the lots are individually not of the required minimum area or width for the district in which they are situated, no special exception shall be required for the issuance of building permits provided that such lots are developed to provide the minimum lot frontage required for each structure.

(Ord. No. 2542, § 1, 9-12-2017)

In the case of a subdivision plat for the subdivision of which two or more parcels or lots for the purpose of development or sale has been duly approved and recorded as required by law, which subdivision plat does not make provisions for full adherence to the regulations of this Chapter governing minimum lot areas or widths, front, side or rear yards, or building coverage but was in conformity with the regulations that were effective at the time such subdivision plat was approved and recorded, such development and sale may proceed when authorized as a special exception by the PZC with respect to the whole or part of the plat of subdivision.

(Ord. No. 2542, § 1, 9-12-2017)

All mobile homes as defined by this Chapter situated in any district that are not in an M-1 district on February 2, 1991, are considered nonconforming uses. Such trailers or mobile homes are be subject to the provisions of this Article and subsequent use of such property shall be governed by the regulations of the respective district in which the property is located.

(Ord. No. 2542, § 1, 9-12-2017)