The requirements imposed by this title are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures, and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the overtaxing of parking facilities, the emission of noxious fumes or excessive noise, and/or the lowering of property values. The regulations of this title are intended to alleviate such existing/potential problems by encouraging the gradual elimination of nonconformities. (1981 Code § 17.52.010)

   A.   Specifications: Any vacant lot that does not conform to one or more of the lot size (area dimensions) requirements of the district in which it is located may be used in the manner indicated in subsections B and C of this section if such vacant lot:

      1.   Is of record on the effective date hereof; and

      2.   Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by any applicable zoning or other ordinance; and

      3.   Is at least thirty feet (30') wide. (1981 Code § 17.52.020)

   B.   Residential Districts: In any residential district, one single-family dwelling and related accessory structures, but no other use, may be erected on any vacant nonconforming lot of the type described in subsection A of this section, provided all the bulk regulations of the particular district are observed. (1981 Code § 17.52.030)

   C.   Business And Industrial Districts: In the industrial district and in any business district, any structure permitted in the particular district may be erected on any vacant nonconforming lot of the type described in subsection A of this section if the bulk requirements of that district are met. (1981 Code § 17.52.040; amd. 2012 Code)

   D.   Two Or More Lots In Common Ownership: If two (2) or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date hereof, and if one or more of those lots does not meet the minimum lot width, depth, and area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this title, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this title. (1981 Code § 17.52.050)

Any lawful structure which exists on the effective date hereof, but which could not be erected under the terms of this title because of restrictions on lot size, height, setbacks, or other characteristics of the structure or its location on the lot, may lawfully remain, subject to the following provisions:

   A.   Enlargement: No such structure shall be enlarged or altered in any way which increases its nonconformity.

   B.   Relocation: No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district to which it is relocated.

   C.   Destruction Or Damage:

      1.   No such structure which is destroyed or damaged by any means shall be reconstructed if the administrator determines that the cost of such reconstruction exceeds fifty percent (50%) of the structure's market value at the time of loss. The new structure will conform to all then applicable building codes and regulations of the district in which it is located, excluding setback requirements. In the event the administrator determines the estimated cost of reconstruction is less than fifty percent (50%) of the structure's market value at the time of the loss, repairs or reconstruction shall be permitted, provided such work starts within six (6) months from the date the damage occurred and is diligently prosecuted to completion. The administrator may require that the construction cost estimate be made by a bona fide construction contractor, and that the structure's market value at the time of loss be determined by a licensed real estate appraiser. The owner of the damaged structure shall be responsible for obtaining these estimates for the administrator.

      2.   In SR-1 district, if a structure is accidentally destroyed or damaged as stated in subsection C1 of this section, it may be rebuilt using all current applicable building codes and regulations enacted by the village. The structure shall be rebuilt only on the same "footprint" of the previous residence. The owner must obtain a building permit within six (6) months of the date of the incident and must complete construction or reconstruction within one year of the incident. (Ord. 895, 12-21-2009)

   A.   Occupying A Structure: If any lawful use occupying a structure exists on the effective date hereof but would not be allowed under the terms of this title, such use may lawfully continue, subject to the following provisions:

      1.   Any structure housing a nonconforming use may be maintained through ordinary repairs.

      2.   No structure housing a nonconforming use shall be enlarged, structurally altered, reconstructed, or relocated unless the use of the structure is changed to a permitted use.

      3.   No nonconforming use may be extended to any part(s) of the structure not intended or designed for such use, nor shall the nonconforming use be extended to occupy any land outside such structure.

      4.   A nonconforming use occupying a structure shall not be changed except to a use permitted under the applicable district regulations.

      5.   When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for twelve (12) consecutive months or for eighteen (18) months during any three (3) year period, the nonconforming use shall not thereafter be resumed. Any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance. (1981 Code § 17.52.070)

   B.   Uses Of Land: Any lawful use of land existing on the effective date hereof that would not be permitted under the terms of this title may lawfully continue, subject to the following provisions:

      1.   A nonconforming use of land shall not be intensified or extended to occupy a greater area of land than was occupied by such use on the effective date hereof.

      2.   No nonconforming use of land shall be moved, in whole or in part, unless such use, upon relocation, will conform to all pertinent regulations of the district in which it is proposed to be located.

      3.   A nonconforming use of land shall not be changed except to a use that is permitted under the applicable district regulations.

      4.   When a nonconforming use of land is discontinued for a period of twelve (12) consecutive months, it shall not thereafter be resumed, and any subsequent use of such land shall conform to the applicable district regulations. Any discontinuance caused by government action and without any contributing fault by the owner or operator shall not be counted in calculating the length of discontinuance. (1981 Code § 17.52.080)

The regulations of this chapter shall not apply to any change in an existing structure or to any change in the use of a structure or of land for which a permit was issued prior to the effective date hereof, or any pertinent amendment hereto; provided, that the work authorized by such permit is completed within a reasonable time. (1981 Code § 17.52.090)