(a)

Any lawfully established use of a building or land, on 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 legal nonconforming use and may be continued, except as otherwise provided herein.

(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 herein.

(c)

Any building 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 approval plans; provided construction is started within 90 days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 8, 9, 9-12-2022)

(a)

Whenever 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 title, such premises shall not thereafter 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 or structure or part thereof, has been discontinued for a period of 12 consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district.

(c)

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

(d)

A nonconforming use not authorized by the provisions of this title on the effective date hereof, shall be discontinued and not reestablished, except when the provisions of this title find the use to be conforming to the district in which it is then located.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 8, 9, 9-12-2022)

A nonconforming use of a building or structure, or part thereof, may be changed to a use of the same or of a more restricted character, but may not thereafter be changed to any less restricted use.

No part of a building, structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall thereafter be used or occupied for a nonconforming use.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 8, 9, 9-12-2022)

The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain shall be limited from the effective date hereof or amendment hereto which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the period of time specified below:

(a)

Any nonconforming use of a building or structure having an assessed valuation not in excess of $500.00 on the effective date hereof shall be removed after two years.

(b)

Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building shall be removed after a period of two years.

(c)

All nonconforming signs, billboards and outdoor advertising structures shall be removed after a period of three years.

(d)

Building demolition. The following requirements shall be met before tearing down any building and/or disposing of debris, lumber, brick, etc. within the corporate limits of the village of Stillman Valley.

(1)

Any excavation work in or under village sidewalks or streets shall be backfilled in accordance with specifications required by the public works superintendent.

(2)

All water and sewer mains to abandoned buildings to be as follows: Water mains must be shut off at the village main connection, or, at curb stop, and to the satisfaction of the superintendent of public works. Sewer mains must be properly plugged and remain uncovered until approved by the superintendent of public works.

(3)

No burying of building materials at excavation or demolition site within the village limits.

(4)

Barricades to be erected while demolition work is progressing. Excavation or demolition in or upon any unenclosed lot or ground bounded by any street shall have sufficient fence as long as excavation or demolition shall remain open.

(5)

The applicant shall submit his plan for taking down buildings to be razed, including the basic requirements to level and backfill and the time limit for executing the demolition at least ten days prior to demolition. If an extension of time is necessary, the village must be so notified and an extension granted.

(6)

No applicant shall commence excavation or demolition work until the insurance requirements have been obtained and paid for. Homeowners insurance with liability limits not less than $100,000.00 for any death or injury to person or persons and for property damage occurring during the course of the demolition work and cleanup work, including legal fees. A copy of said policy to be deposited with the clerk of the village.

(Ord. 255, 3-3-1976; Ord. 780, 3-5-2012; Ord. 1001, §§ 8, 9, 9-12-2022)

(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.

(3)

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

(Ord. 255, 3-3-1976; Ord. 1001, §§ 8, 9, 9-12-2022)

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 75 percent or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 75 percent of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

In allowing restoration or repair, such restoration of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion within one year from the date of damage, if not completed within one year, the use shall be abandoned as specified in section 5B-9-2 of this chapter.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 8, 9, 9-12-2022)

(a)

A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all 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 such 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 hereof, or to displace any conforming use in the same building or on the same parcel.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 8, 9, 9-12-2022)

Whenever the boundaries of a use district shall be changed so as to transfer an area from one use district to another use district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.

(Ord. 255, 3-3-1976; Ord. 1001, §§ 8, 9, 9-12-2022)