The intent and purpose of this chapter is to recognize the fact that certain structures or uses were established prior to the effective date hereof that would not be permitted by this title. This chapter defines these structures or uses and sets up regulations as to how these particular situations may be continued, altered or expanded. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Nonconforming Use: Any lawfully established use of a building, structure, or land in existence at the effective date hereof, or of amendments hereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a nonconforming use and may be continued except as provided herein.

   B.   Nonconforming Structure: Any lawfully established building or other structure in existence at the effective date hereof, or of amendments hereto, that does not conform to the height, bulk, area, setback, or other regulations for the district in which it is located shall be deemed to be a nonconforming structure and may continue to be used or occupied, except as otherwise provided herein.

   C.   Nonconforming Projects: Any building or structure for which a permit has been lawfully granted prior to the effective date hereof, or of amendments hereto, may be completed in accordance with the approved plans, provided construction is started within six (6) months and diligently prosecuted to completion. Such building, structure, or use shall, thereafter, be a nonconforming use, and such building or structure may be continued except as otherwise provided herein.

   D.   Exceptions: The following exceptions to subsections A, B and C of this section are hereby established:

      1.   Any building or structure constructed prior to the year 1990 and remaining essentially unchanged since that date shall not be classified as a nonconforming structure, but shall be classified as a conforming structure.

      2.   Any legal use of a building or structure constructed or adapted for its use prior to the year 1990 and remaining essentially unchanged from that date shall not be classified as to, or enlarged in the same manner as any other special use and in accordance with the procedures set forth in section 8-3B-5 of this title. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Vacation, Discontinuance Or Abandonment Of Buildings: Whenever a nonconforming use of a building, structure, or part thereof has been discontinued for a period of sixty (60) consecutive days whenever there is evident a clear intent on the part of an owner to abandon a nonconforming use, such use, after being so discontinued or abandoned, shall not be reestablished except in conformity with the regulations of the district in which it is located, and a letter of intent must be filed with the village board.

   B.   Abandonment Of Land: Whenever a nonconforming use of land has been discontinued for a period of six (6) months, it shall be considered as an abandoned use and shall not be reestablished except in conformity with the regulations of the district in which the land is located. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Change To Same Or Less Restricted Use: A nonconforming use of any building, structure, or part thereof may be changed to a use of the same or of a more restricted character, but may not be changed to any less restricted use.

   B.   Reversion To Nonconforming Use: Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to, or replaced by, a conforming use, such premises shall not thereafter be used or occupied by any nonconforming use. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   The period of time during which the following nonconforming situations may continue or remain shall be limited to three (3) years from the effective date hereof, or of any amendment hereto, which causes them to become nonconforming:

      1.   Any nonconforming building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) on the effective date hereof.

      2.   Any nonconforming use of land where no enclosed buildings are involved, or where the only buildings employed are accessory or incidental to such use.

   B.   The nonconforming situations in subsection A of this section shall be altered so as to become conforming or shall be completely removed from the premises at the expiration of the three (3) year period and after proper notification by the zoning administrator. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Rebuilding Regulated: If a building or other structure containing a nonconforming use or if a nonconforming structure or any nonconforming sign, billboard, or other outdoor advertising structure is damaged or destroyed by any means to the extent of sixty percent (60%) (according to fire officials) or more of its replacement value at the time, the building or structure may be rebuilt or used thereafter only for a conforming use and only in compliance with all other requirements for the district in which it is located.

   B.   Repair Permitted: If a building or other structure containing a nonconforming use or if a nonconforming structure is damaged by any means to an extent less than sixty percent (60%) (according to fire officials) of its replacement value at that time, it may be repaired, and the previous use may be continued.

   C.   Prompt Repair Required: Repair of a damaged building or other structure, as permitted in subsection B of this section, must be started within a period of ninety (90) days from the occurrence of the damage and diligently prosecuted to completion. (Amended Ord., 2-15-1993, eff. 2-26-1993)

   A.   Extension Or Enlargement Of Nonconforming Structure: A nonconforming structure may be extended or enlarged in any manner that is in conformity with the regulations established for the district in which it is located; provided, that the extension or enlargement does not increase or intensify the original nonconforming situation.

   B.   Expansion Of Nonconforming Use: A building occupied by a nonconforming use may be extended, enlarged, or added to, or additional buildings may be constructed on the same or adjacent property; provided, that this construction does not result in either creating a nonconforming structure or increasing or intensifying an original nonconforming structure; and provided, that the building area occupied by the nonconforming use shall not exceed by more than fifty percent (50%) the building area in such nonconforming use at the effective date hereof or of pertinent amendments hereto.

   C.   Approval Of Additions Or Enlargements: Approval of additions or enlargements as provided in subsections A and B of this section shall be in accordance with the procedures set forth in section 8-3B-5 of this title. (Amended Ord., 2-15-1993, eff. 2-26-1993)