A.   The village finds that buildings, structures and uses of land, which do not conform to the underlying regulations of the zoning district in which they are located, substantially and adversely affect the orderly development and taxable value of other property in that district.

   B.   Therefore, the purpose of this chapter is to provide for the regulation of such nonconforming buildings, structures, and uses of land, and to specify those circumstances and conditions under which such nonconforming buildings, structures and uses may be continued or redeveloped.

   C.   Any nonconforming building, structure or use of land that exists lawfully at the time this title is adopted may be continued according to the regulations that follow.

   D.   The burden of establishing that any nonconformity is a legal nonconformity shall, in all cases, be the responsibility of the owner or user of the nonconforming building, structure or use. (Ord. 2002-01-15B, 1-15-2002)

   A.   Nonconforming Lots Of Record: Any lot of record, on the effective date hereof, that does not comply with the requirements of the district in which it is located as to lot area, lot width and lot depth, may be used for the erection of a building intended for a use permitted in the district in which the lot is located provided, however, that such building complies with all setback requirements delineated on the recorded plat of subdivision (or if not so recorded, if the lot in question was created of record on or before January 15, 2002, said lot may utilize the setback requirements of the zoning ordinance in effect immediately prior to said date) for that lot and all other applicable requirements of this title. (Ord. 2007-08-21A, 8-21-2007)

   B.   Nonconforming Buildings Or Structures: A lawfully existing, nonconforming building or structure which does not contain any nonconforming use, but does not comply with the applicable lot size requirements or building bulk regulations in the district in which it is located, may be continued except as otherwise permitted by this chapter and shall be subject to the following regulations:

      1.   Enlargement, Repair Or Alteration:

         a.   Any nonconforming building or structure may be enlarged, maintained, repaired, remodeled or structurally altered, provided, however, that no such enlargement, maintenance, repair, remodeling or structural alteration shall either create any additional nonconformity or increase the degree of the existing nonconformity of all or any part of such building or structure. Damaged or destroyed buildings or structures shall be subject to the restrictions contained in subsection B2 of this section.

         b.   A building that contains a nonconforming residential use may be altered to increase the livability of the building, provided no structural alteration occurs that would increase the number of dwelling units.

         c.   Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of a building or other structure (other than a damaged or destroyed building or other structure subject to the provisions of subsection B2 of this section) in accordance with the order of a public official who is charged with protecting the public safety and who declares such building or other structure to be unsafe and orders its restoration to a safe condition.

      2.   Damage Or Destruction:

         a.   In the event that a nonconforming building or structure or use of land is damaged or destroyed to the extent that the cost of restoration exceeds fifty percent (50%) or more of the replacement value of such building, structure or use, no repairs or reconstruction will be allowed to take place unless such restoration or reconstruction brings the building, structure or use into conformance with all applicable regulations of the district in which it is located.

         b.   If such damage or destruction does not exceed fifty percent (50%) of the market value of the building, structure or use, repairs shall be completed within eighteen (18) months of the date of the damage or destruction, unless extended by the village board. Building restoration shall be made to conform to all the provisions of the district in which the building, structure or use is located.

      3.   Relocation Of Buildings Or Structures: No nonconforming building, structure or use shall be moved in whole, or in part, to any other location on the same or any other zoning lot, unless every portion of such building or structure, and the use thereof, conforms to all of the regulations of the district in which it is to be located. (Ord. 2015-07-21, 7-21-2015)

When the applicable district regulations do not allow an existing use of part or all of a building or other structure, or an existing use of land not involving a building or structure, such existing use may be continued according to regulations which follow:

   A.   Change:

      1.   A nonconforming use of a building or other structure, all or substantially all of which was designed or intended for a use which is not permitted in the district of which it is located, shall not be changed to any use other than one permitted in the district in which the land is located. When a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to a nonconforming use.

      2.   The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.

      3.   A nonconforming use in effect at the time an amendatory ordinance becomes effective shall be discontinued and not reestablished, except when the provisions of the amendatory ordinance find the use to be conforming to the district in which it is located.

   B.   Discontinuance: In the event that operation of a nonconforming use of land, building or structure is discontinued for twelve (12) months, such nonconforming use shall not be reestablished, and any subsequent use or occupancy of such land shall conform to the regulations of the district in which it is located. The owner's intent to resume active operation shall not affect the foregoing restriction.

   C.   Nonconforming Accessory Uses: No nonconforming accessory use shall continue after the principal use, to which it is subordinate, has been abolished. (Ord. 2011-07-05B, 7-5-2011)

Where a use exists on the date that this title becomes effective and is permitted by this title only as a special use or exists as a previously approved planned unit development (PUD) in the district in which it is located, such use shall not be deemed a nonconforming use, but shall, without any further action, be deemed a lawful special use or PUD in such district. However, no such lawful special use or PUD shall be substantially expanded or altered unless a supplemental special use permit or planned unit development ordinance is secured according to chapter 13 (for special uses) or chapter 11 (PUDs) of this title. (Ord. 2002-01-15B, 1-15-2002)