Any lawfully existing building or structure which does not conform with the regulations of the district in which it is located shall be subject to the provisions of this section.
(A) Repairs and alterations.
(1) Minor repairs and alterations may be made to a non-conforming building or structure; provided that, no structural alterations shall be made in or to the building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure, and use thereof, conform to the regulations of the district in which it is located.
(2) Minor repairs and alterations shall be determined by the Building Inspector and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires the replacement.
(B) Additions and enlargements. A non-conforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be added to or enlarged in any manner unless the non-conforming building or structure and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district into which it is located.
(C) Moving. No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in whole or in part to any other location unless every portion of the building or structure is moved and is made to conform to all regulations of the district into which it is moved.
(D) Restoration of damaged non-conforming building.
(1) A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it located, and which is destroyed or damaged by fire or other casualty or act of God may be restored to its original bulk and used for the use existing at the time of damage; provided that, restoration is started, as defined by a building permit having been applied for and granted within 12 months from the date the damage occurred.
(2) However, in the event the restoration of a building or structure which is destroyed or damaged by fire or other casualty or act of God, to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed 50% of the cost of restoration of the entire building or structure new, is not started within 12 months after the damage occurred, the building or structure and the use thereof shall thereafter be made to conform to all regulations of the district in which it is located.
(3) An additional extension of the restoration period for six months may be granted by the Village Board for good cause shown.
(E) Discontinuance of use of non-conforming building or structure. A building, structure or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is vacant on the effective date of this chapter or thereafter becomes vacant and remains unoccupied, or is not used for a continuous period of 180 days, shall not thereafter be occupied or used, except by a use which conforms to the use regulations of the district in which it is located.
(F) Expansion of use in non-conforming building or structure. The non-conforming use of a part of a building or structure may be expanded within the building or structure in which the use is presently located, but no changes or structural alterations shall be made unless the changes or structural alterations, and the use thereof, conform to all regulations of the district in which the building or structure is located.
(G) Change of use in conforming building or structure. A non-conforming use of a non-conforming building or structure may be changed to a use permitted in the district in which the building or structure is located, or in residence districts a building designed or intended for business use, which lawfully exists within the village limits on the effective date of this chapter, may be changed to a use permitted in a B-1 district, but no change shall extend or modify any other applicable provisions of this subchapter.
(1981 Code, Art. V, D) (Ord. passed 12- -1986; Am. Ord. 04-01, passed 1-5-2004; Am. Ord. 04-15, passed 5-17-2004)