A.   Continuation Of Nonconforming Use:

      1.   Any use of a building or land lawfully existing on the effective date hereof, but which does not conform with the use regulations of the district in which the building or land is situated, may be continued under the regulations of this chapter, but this chapter shall not be interpreted as authorizing the continuation of any use of a building or land which was not lawfully existing on the effective date hereof as to such building or land.

      2.   Any use of a building or land which conformed with the use regulations of the district in which the building or land was classified under the village zoning ordinance immediately prior to the adoption of this title, or which qualified as a nonconforming use under the village zoning ordinance at that time, is a lawful nonconforming use which may continue as a nonconforming use under the provisions of this chapter.

      3.   If a building or land becomes subject to this title, whether by the extension of the zoning jurisdiction by reason of extension of the corporate limits or otherwise, and the use of the building or land at the time it becomes subject to this title is lawful but does not conform with the use regulations of the district in which the building or land is situated, such use is a lawful use which may continue as a nonconforming use under this chapter.

      4.   If a conforming use of a building or land becomes nonconforming by virtue of an amendment of this title, then such use shall be considered to be a lawful use which may continue as a nonconforming use under this chapter.

      5.   No use of a building or land which neither conforms with the use regulations of the district in which the building or land is situated nor qualifies as an authorized nonconforming use under the provisions of this subsection shall be considered a lawful use or be permitted to continue under the provisions of this title.

      6.   No use of a building which conforms with the use regulations of the district in which the building is situated shall be considered to be nonconforming merely because the building occupied by the use does not comply with the height regulations of the district in which the building is situated or because the building is so located on the zoning lot that it does not comply with the yard regulations of such district.

      7.   The regulations of this chapter pertaining to a building occupied by a nonconforming use shall apply not only to a building which is completely occupied by such a use, but shall also apply to one in which the nonconforming use occupies only a portion of the building. (1984 Code § 5-5-1)

   B.   Change Of Nonconforming Use: A nonconforming use may be allowed to change to another nonconforming use by the village board only following a public hearing before the zoning board as provided for in subsections D2 and D3 of this section. (1984 Code § 5-5-2)

   C.   Enlargement Or Extension: A nonconforming use in a residence district may not be enlarged or extended. In other districts, a nonconforming use may be allowed to be enlarged or extended by the village board only after a public hearing before the zoning board as provided in subsections D2 and D3 of this section. (1984 Code § 5-5-3)

   D.   Procedure For Change, Enlargement Or Extension:

      1.   Application For Change, Enlargement Or Extension: Application for a change of one nonconforming use to another or for an enlargement or extension of a nonconforming use shall be made in the same manner as is provided in section 10-3-4 of this title for applications for variations and shall be accompanied by the fee provided in section 10-3-7 of this title. (1984 Code § 5-5-4)

      2.   Requirements For Approval Of Change Of Nonconforming Use: The zoning board may recommend that the village board permit a nonconforming use to be changed to another nonconforming use if the board finds:

         a.   That the substitution or addition will not be detrimental to or tend to alter the character of the neighborhood.

         b.   That the substitution or addition will not increase congestion to the streets.

         c.   That the new use is no less restricted than the existing use. (1984 Code § 5-5-5)

      3.   Requirements For Approval Of Enlargement Or Extension Of Nonconforming Use: Except in a residential district, the zoning board may recommend that the village board permit the enlargement or extension of a nonconforming use if the zoning board finds that:

         a.   The enlargement or extension does not cause the area to be occupied by a nonconforming use to exceed one hundred fifty percent (150%) of the area occupied by a nonconforming use on the effective date hereof.

         b.   That the enlargement or extension does not exceed the applicable bulk regulations for the district.

         c.   The applicable off street parking requirements are complied with for the enlarged portion of the use.

         d.   The enlargement or extension will not be detrimental to or tend to alter the character of the neighborhood. (1984 Code § 5-5-6)

   E.   Discontinuance Of Use: If a nonconforming use discontinues active or continuous operations for a period of one year, the building or land where such nonconforming use existed shall thereafter be occupied and used only for a conforming use. (1984 Code § 5-5-7)

   F.   Damage Or Destruction: If a building containing a nonconforming use is by any means destroyed or damaged to the extent of more than sixty percent (60%) of its value, such building or reconstruction thereof shall thereinafter be occupied and used only for a conforming use. (1984 Code § 5-5-8)

   G.   Repairs Or Alterations:

      1.   Normal Maintenance: Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs or incidental alterations.

      2.   Structural Alterations:

         a.   No structural alterations shall be made in a building or other structure containing a nonconforming use, except:

            (1)   When required by law or by regulatory authority pursuant to law.

            (2)   When made pursuant to an enlargement or extension permitted by subsection C, D1 or D3 of this section.

            (3)   When made to accommodate a conforming use.

         b.   However, in any district, a building containing residential nonconforming uses may be altered in any way to improve interior livability; provided, that no structural alterations shall be made which would increase the number of dwelling units or would create an enlargement or extension of the building, unless as permitted above. (1984 Code § 5-5-9)

   A.   Continuation Of Use: The use of a noncomplying building or other structure may be continued, except as otherwise provided in this section. (1984 Code § 5-5-10)

   B.   Damage Or Destruction: If a noncomplying building or other structure is destroyed or damaged by any means, it may be reconstructed as it existed previous to said destruction or damage; provided, that such reconstruction neither creates a new noncompliance of any portion of the building or structure as it previously existed. (1984 Code § 5-5-11)

   C.   Enlargements: A noncomplying building or other structure may be enlarged; provided, that no enlargement is permitted which would either create a new noncompliance or increase the degree of noncompliance of any portion of the building or structure. (1984 Code § 5-5-12)

   D.   Repairs Or Alterations: Normal maintenance, repairs, or structural alterations are permitted in a noncomplying building or other structure; except, that alterations creating enlargements shall be subject to the provisions of subsection C of this section. (1984 Code § 5-5-13)