(a)

Any lawfully established use of a building or land, on the effective date of the ordinance from which this chapter is derived, or of amendments to this chapter, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided in this chapter.

(b)

Any legal nonconforming building or structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted in this chapter.

(c)

Any building for which a permit has been lawfully granted prior to the effective date of the ordinance from which this chapter is derived, or of amendments to this chapter, may be completed in accordance with the approved plans, provided construction is started within 90 days and diligently prosecuted to completion. The building shall after that time be deemed a lawfully established building.

(Ord. of 3-2-2021, § 155.9.1)

(a)

When any part of a building, structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this article, the premises shall not after that time be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

(b)

When a nonconforming use of a building, structure, or part of a building or structure, has been discontinued, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use for a period of six consecutive months, or in such cases where the owner had applied for and obtained an extension of time not to exceed six additional months by the granting of a special use permit as authorized by section 15-780, the use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises after that time shall be in conformity with the regulations of the district.

(c)

When no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment and shall not after that time be used in a nonconforming manner.

(d)

A use not legally authorized by the provisions of this chapter in evidence at the time the ordinance from which this chapter is derived becomes effective shall be deemed a violation and discontinued.

(Ord. of 3-2-2021, § 155.9.2)

The nonconforming use of any building, structure, or portion of a building or structure, which is designed or intended for a use not permitted in the district in which it is located, may not be occupied by another similar or less intense nonconforming use except by the granting of a special use permit, as authorized by section 15-780.

(Ord. of 3-2-2021, § 155.9.3)

The period of time during which the following nonconforming uses of buildings, structures, or land may continue or remain in residential districts shall be limited to two years from the effective date of the ordinance from which this chapter, or of any amendment to this chapter which causes the use to be nonconforming. Every nonconforming use shall be completely removed from the premises at the expiration of the two-year period.

(1)

Any nonconforming use of a building or structure having an assessed valuation not in excess of $250.00 on the effective date of the ordinance from which this chapter is derived;

(2)

All nonconforming signs, and billboards;

(3)

Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to the use, or where that use is maintained in connection with a conforming building;

(4)

The onsite possession of horses in R1 One-Family Residential District.

(Ord. of 3-2-2021, § 155.9.4)

(a)

Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

(b)

No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

(1)

When the alteration is required by law;

(2)

When the alteration will actually result in eliminating the nonconforming use; or

(3)

When a building in a residential district containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.

(Ord. of 3-2-2021, § 155.9.5)

(a)

In the event that a building or other structure containing a nonconforming use is damaged or destroyed by fire, natural disaster, or other similar event, to an extent of:

(1)

Not more than 50 percent of its replacement value, the building or structure may be restored only to its original condition and floor area, subject to applicable building codes. The occupancy or use of the building may be continued which existed at the time of this partial destruction;

(2)

More than 50 percent but less than 75 percent of its replacement value, the building or structure may be restored only to its original condition and floor area and the occupancy or use of the building may be continued which existed at the time of the partial destruction only if an approved condition permit is applied for and secured from the village in accordance with the provisions of section 15-780;

(3)

More than 75 percent of its replacement value, the building or structure may be rebuilt and used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located.

(b)

When the provisions of subsection (a)(1) or (2) of this section are applicable, the restoration or repair of the building or other structures must be started within a period of six months from the date of damage or destruction and diligently pursued to completion. Failure to exercise the options provided in this article within the time specified shall be considered a voluntary abandonment, and buildings and structures may be rebuilt and used after that time only for a conforming use and in compliance with provisions of the district in which it is located.

(Ord. of 3-2-2021, § 155.9.6)

(a)

A nonconforming building may be enlarged or extended only if the entire building is after that time devoted to a conforming use and is made to conform to all the regulations of the district in which it is located.

(b)

No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by the nonconforming use.

(c)

No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date of the ordinance from which this chapter is derived, or to displace any conforming uses in the same building or on the same parcel.

(d)

A building or structure which is nonconforming with respect to yards, floor area ratio, or any other element of bulk regulated by this article shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

(Ord. of 3-2-2021, § 155.9.7)