The lawfully existing nonconforming use of part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be continued subject to the following provisions:
A. Repairs And Alterations: Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to such 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.
B. Additions And Enlargements:
1. A nonconforming 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 such nonconforming building or structure, and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located.
2. A nonconforming building or structure, which is nonconforming only as to bulk, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all regulations of the district in 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 such building or structure is removed, and the use thereof is made to conform to all regulations of the district into which it is moved.
D. Restoration Of Damaged Nonconforming Building: 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 is located, and 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 fifty percent (50%) of the cost of restoration of the entire building or structure new, shall not be restored unless said building or structure, and the use thereof, shall conform to all regulations of the district in which it is located. In the event that such damage or destruction is less than fifty percent (50%) of the cost of restoration of the entire building or structure new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of the partial destruction and is diligently prosecuted to completion.
If the historic sites commission concurs, the owner of a nonconforming building in an historic district may petition the zoning board of appeals for a variation from the requirements of this subsection D.
E. Discontinuance Of Use Of Nonconforming Building Or Structure: If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of one hundred eighty (180) days, it shall not be renewed, and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises is located.
F. Expansion Of Use In Nonconforming Building Or Structure: The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.
G. Change Of Use In Nonconforming Building Or Structure: No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.
H. Elimination Of Nonconforming Use: In all residence districts, any use which lawfully exists at the adoption of this title or at the time of annexation to the village, but is permitted only in a business district, and which is located in a building, all or substantially all of which is designed or intended for a residential purpose, shall be entirely discontinued and shall thereafter cease operation within five (5) years from the date of the adoption of this title or such annexation. (Ord. 89-13, 5-16-1989)