Any lawful use of land or buildings existing at the date of passage of the ordinance from which this chapter is derived or amendment thereto and located in a district in which it would not be permitted as a new use under the regulations of this chapter is hereby declared to be a "nonconforming use"; and any building which does not meet the provisions of this chapter as to setbacks, height, or other requirements is hereby declared to be a "nonconforming building"; and such uses and buildings shall not be considered in violation of this chapter. However, all nonconforming uses and buildings shall not constitute a nuisance and shall be subject to and the owner shall comply with the regulations in this article. It is the intent of this chapter to permit nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(Ord. No. 482, § 17.00, 7-17-2000)

The nonconforming use of land, where no building or structure is involved, which exists when the ordinance from which this chapter is derived becomes effective or amendments thereto, may be continued, provided that:

1. No such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property.
2. No such nonconforming use of land shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use.
3. If such nonconforming use of land or any portion thereof is abandoned, discontinued or changed for a period of more than one year, any future use of such land shall be in conformity with the provisions of this chapter. This shall not apply to a seasonal nonconforming use of land; however, discontinuation for a full season shall be considered abandonment, and any future use shall conform to this chapter.

(Ord. No. 482, § 17.01, 7-17-2000)

A nonconforming use may be changed to another nonconforming use of the same or greater restriction, provided no structural changes are made in the building and provided that the zoning board of appeals shall determine that the proposed new use is equally appropriate or more appropriate to the particular district than the existing nonconforming use. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restriction, it shall not thereafter be changed back to a nonconforming use. For the purpose of this chapter, the R1 district shall be considered the most restrictive district, followed in turn by the order of districts as listed in division 1 of article III of this chapter.

(Ord. No. 482, § 17.02, 7-17-2000)

1. A nonconforming use may not be expanded or extended throughout other portions of a building unless such building was actually existing at the time of enactment or subsequent amendment of the ordinance from which this chapter is derived. If such nonconforming use in all or part of the building is discontinued as provided in section 46-699 or changed to a conforming use as provided in section 46-693, any future use of such building or portion thereof shall be in conformity to the regulations of the district in which such building is located.
2. A nonconforming use of land or a nonconforming use situated within a building or structure shall not be enlarged or altered unless such enlargement or alteration shall result in compliance with applicable codes and/or ordinances of the village and statutes of the state pertaining to minimum requirements for health and safety.

(Ord. No. 482, § 17.03, 7-17-2000)

No building in which a nonconforming use exists may be moved to any other part of a parcel of land upon which the building was located at the time of the adoption of the ordinance from which this chapter is derived. No nonconforming building shall be moved for any reason unless it shall then conform to the regulations for the zoning district in which it is located after the move.

(Ord. No. 482, § 17.04, 7-17-2000)

1. Structural alterations, improvements, and rehabilitation. Nothing in this chapter shall prohibit the alteration, improvement or rehabilitation of a nonconforming building or structure existing at the effective date of the ordinance from which this chapter is derived, provided:
   1. Such alteration, improvement or rehabilitation does not involve an increase in height, area or bulk; and
   2. Such alteration, improvement or rehabilitation conforms with applicable codes and/or ordinances of the village.
2. Structural enlargement. A nonconforming building or structure shall not be enlarged or structurally altered so as to result in an increase in height, area or bulk, unless such enlargement or structural alteration shall result in compliance with requirements of applicable codes and/or ordinances of the village. Notwithstanding such prohibition, a single-family building or structure deemed nonconforming because of insufficient area may be enlarged or structurally altered so as to result in an increase in area less than the applicable minimum requirements for single-family dwellings in the zoning district in which the nonconforming single-family building or structure is situated.
3. Variances. The zoning board of appeals, upon application being made as provided in division 1 of article II of this chapter and after hearing, may permit a variance from a literal application of the prohibitions of this section upon a proper showing of undue hardship and/or practical difficulties.

(Ord. No. 482, § 17.05, 7-17-2000)

1. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.
2. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt, except in conformity with the regulations of the district in which it is located.
3. Nothing in this chapter 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 official charged with protecting the public safety, upon order of such official.

(Ord. No. 482, § 17.06, 7-17-2000)

Any nonconforming use or nonconforming building which has been destroyed or damaged by fire, by explosion, by act of God, or by public enemy to the extent of 50 percent of current replacement cost of the building or structure, exclusive of the foundation at the time such damage occurred, shall, if reconstructed, conform with the provisions of this chapter. Where such destruction or damage has occurred, removal of the nonconforming use of a building also shall eliminate the nonconforming use status of the land on which the building is located. If such damage is less than 50 percent of the current replacement cost of the building or structure before the damage occurred, exclusive of the foundation, such structure may be restored to the same nonconforming use or nonconforming building as existed before such damage.

(Ord. No. 482, § 17.07, 7-17-2000)

Any nonconforming use shall be considered abandoned, and such nonconforming use may not be resumed thereafter if any of the following conditions apply:

1. When the owner declares or otherwise makes evident his intent to discontinue such use.
2. When the nonconforming use has been replaced by a conforming use.
3. Cessation of such nonconforming use for a period of one year.
4. When the repair, rebuilding or reconstruction of a nonconforming use, rendered necessary by wear, weather, deterioration or age, exceeds 50 percent of the current replacement cost.
5. When a nonconforming use has been damaged by fire, collapse, explosion, storm, lightning, accident, war, other calamity or acts of God, to an extent exceeding 50 percent of the current replacement cost, immediately prior to such damage. If the cost of such restoration or rebuilding shall be equal to or greater than 50 percent of such value, such use shall be made to conform with the applicable provisions of the zoning district established by this chapter where the use is located.

(Ord. No. 482, § 17.08, 7-17-2000)

There may be a change in tenancy, ownership or management of an existing nonconforming use or structure, provided there is no change in the nature or character of such nonconforming use or structure, except to bring such into greater conformity.

(Ord. No. 482, § 17.09, 7-17-2000)

Any use for which a special land use approval is required is permitted as provided in this chapter and shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district. Such use shall remain subject to all of the approval provisions of article IX of this chapter pertaining to special land uses.

(Ord. No. 482, § 17.10, 7-17-2000)

1. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of the ordinance from which this chapter is derived or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This shall apply even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width or both of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the board of appeals.
2. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of the ordinance from which this chapter is derived or amendment of this chapter and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(Ord. No. 482, § 17.11, 7-17-2000)