Any lawful use, structure, or lot existing at the effective date of the adoption of this zoning code or subsequent amendment thereto, and located in a zoning district in which the use, structure, or lot would not be permitted under the terms of this zoning code or subsequent amendment thereto, is declared to be a legal nonconforming use. Except as specifically noted in this chapter, it is hereby declared to be the intent of this zoning code to permit these legal nonconforming uses to continue until terminated by voluntary act or by catastrophic event, and to encourage the conversion of these legal nonconforming uses to conforming uses wherever and whenever possible. (Ord. 2005-04, 5-16-2005)

The following nonconforming uses of buildings, structures, and land shall be discontinued and completely removed from the premises, not to be resumed or otherwise maintained, within two (2) years from the date of the approval of this title or from the effective date of any subsequent change in this title that causes the use to thereafter become nonconforming:

   (A)   Any nonconforming use which is conducted primarily on open land and does not utilize any permanent enclosed building or structure, or where the only buildings or structures employed are accessory or incidental to such use.

   (B)   Any nonconforming building or structure having an assessed valuation not in excess of one thousand five hundred dollars ($1,500.00) on the effective date of this zoning code.

   (C)   Any nonconforming junkyard or automobile wrecking yard. (Ord. 2005-04, 5-16-2005)

Except as set forth in section 10-11-2 of this chapter, where, at the effective date of this zoning code or any subsequent amendments thereto, a lawful use of land exists that is made no longer permissible under the terms of this zoning code, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

   (A)   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied by such use at the effective date of adoption of this zoning code;

   (B)   No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption of this zoning code;

   (C)   If such nonconforming use of land ceases for any reason for a period of one year or more, any subsequent use of such land shall conform to the regulations specified by this zoning code for the district in which such land is located. (Ord. 2005-04, 5-16-2005)

Where a lawful structure or sign, other than as set forth in section 10-11-2 of this chapter, exists at the effective date of adoption of this zoning code or any subsequent amendment thereto that could not be built under terms of this zoning code by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or sign, or its location on the lot, such structure or sign may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (A)   No such structure or sign may be enlarged or altered in a way which increases its nonconformity.

   (B)   Should such structure or sign be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction then it shall not be reconstructed except in conformity with the provisions of this zoning code. A building designed for a nonconforming use, however, may be constructed or altered beyond the limitations herein provided by action of the zoning board after public hearing, as required by law in case of variances. (Ord. 2005-04, 5-16-2005)

Except as set forth in section 10-11-2 of this chapter, if a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption of this zoning code, that would not be allowed in the district under the terms of this zoning code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (A)   No existing structure devoted to a use not permitted by this zoning code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

   (B)   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this zoning code, but no such use shall be extended to occupy any land outside such building.

   (C)   If a nonconforming use has been discontinued for a period of one year or more, it shall not be reestablished, unless the nonconforming use was in a building designed, arranged and intended for such use.

   (D)   Any structure, or structure and land in combination, on which or in which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located and the nonconforming use may not thereafter be resumed.

   (E)   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for twelve (12) consecutive months, the structure, or structures and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

   (F)   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord. 2005-04, 5-16-2005)

Once changed to a conforming use, no building, structure, land, or sign, billboard or advertising structure shall be permitted to revert to a nonconforming use. A nonconforming use shall not be substituted or added to another nonconforming use.

The foregoing provisions of this chapter shall also apply to buildings, structures, land, uses, or signs, billboards or advertising structures which hereafter become nonconforming due to any reclassification of districts under this zoning code or any subsequent changes in the regulations of this zoning code. (Ord. 2005-04, 5-16-2005)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months, on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent (10%) of the current replacement value of the building, provided that the cubical content of the building as it existed at the time of passage or amendment of this zoning code shall not be increased.

Nothing in this zoning code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any village official charged with protecting the public safety, upon order of such official. (Ord. 2005-04, 5-16-2005)