(A) General provisions.
(1) Any lot, use of land, or structure which has been established in violation of the provisions of a previous Zoning Ordinance having jurisdiction at the time the use of land or structure was established, and any lot, use of land, or structure which has been lawfully established under a previous Zoning Ordinance and subsequently violates the terms of the permit under which it was established, shall be in violation of this chapter, except when the lot, use of land, or structure is in full compliance with the provisions of this chapter.
(2) An existing lot, use of land, or structure which does not fully comply with the provisions of this chapter, as amended, and either was lawfully established under a previous zoning ordinance, created, or commenced during a period of time when no valid zoning ordinance was in effect, or was lawfully established under the jurisdiction of this chapter (before amendment), and remains in compliance with the terms of a permit issued at that time, shall be permitted to continue provided there is compliance with this section.
(3) A lawful use of land or structure which is under construction in furtherance of the establishment of a building or structure before the enactment of this chapter shall be permitted to continue as a nonconformity.
(B) Nonconforming uses.
(1) No part of any nonconforming use shall be moved unless such movement eliminates the nonconformity.
(2) If a nonconforming use is abandoned for any reason for a period of more than nine months, any subsequent use shall conform to the requirements of this chapter.
(3) A nonconforming use shall be determined to be abandoned if one or more of the following conditions exists, and shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:
(a) Utilities, such as water, gas and electricity to the property, have been disconnected;
(b) The property, buildings, and grounds, have fallen into disrepair;
(c) Signs or other indications of the existence of the nonconforming use have been removed;
(d) Removal of equipment or fixtures which are necessary for the operation of the nonconforming use;
(e) Other actions, which in the opinion of the Zoning Administrator, constitute an intention of the part of the property owner or lessee to abandon the nonconforming use.
(4) A nonconforming use shall not be changed in use to another nonconformity. A nonconformity which is succeeded by a use in compliance with this chapter shall lose its nonconformity and shall thereafter be continued in compliance with the provisions of this chapter.
(5) No nonconforming use shall be permitted to expand or enlarge the size of any building or structure or extend the land area occupied by the nonconforming use, unless approved by the Planning Commission after a public hearing which meets the requirements of § 152.212(A), meets the general standards for making determinations of § 152.213(C), and is subject to the site plan review requirements of §§ 152.190 through 152.195. [Amended 3-10-2008]
(C) Nonconforming structures.
(1) The expansion of a nonconforming structure shall be permitted to rebuild, expand, or enlarge if the requirements of division (B)(5) of this section are complied with.
(2) No nonconforming building shall undertake a structural change requiring a construction permit, pursuant to the Village Building Code, as amended, provided, however, that mechanical, electrical, plumbing, sewage disposal, and well permits shall be issued when no structural alteration or modification is involved; and provided the strengthening or restoring to safe condition of any building, structure, or part thereof declared to be unsafe by any public official charged with protecting the public health or safety may be structurally altered to the extent necessary to comply with the order of that public official.
(3) A nonconforming structure which is damaged by fire, collapse, explosion, high winds, vandalism, or other means beyond the owner's control up to 40% of market value may be repaired or replaced to its former condition. Market value shall be determined by a certified appraisal submitted to the Zoning Administrator by the applicant.
(4) A nonconforming structure shall not be moved in whole or in part except when such moving results in full compliance with the provisions of this chapter.
(5) Where a nonconforming setback of a structure is equal to or less than one-half of the distance required by this chapter a nonconforming setback may be extended along the same plane as the existing nonconforming setback, provided that in so doing, the setback itself is not further reduced. [Amended 12-9-2013]
(D) Nonconforming lots of record.
(1) A legal nonconforming lot may be used for the purposes for which it is zoned and shall be issued a development permit, provided that:
(a) If already less than the minimum requirements of this chapter, a required lot area or lot width shall not be divided or reduced in dimensions or area so as to increase its noncompliance with the minimum requirements of this chapter.
(b) Any main building on such lot shall be located such that at least two-thirds of the setback requirements of the district in which the lot is located are met.
(c) A nonconforming lot of record may increase the lot coverage requirement of the zoning district within which it is located by up to 10% to allow reasonable reinvestment in the property.
(2) Contiguous nonconforming lots in common ownership.
(a) For any two or more nonconforming lots of record or combination of lots and portions of lots of record, in existence at the time of the passage of this chapter, or an amendment to it, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter if they:
1. Are in common ownership;
2. Are adjacent to each other or have continuous frontage, and;
3. Individually do not meet the lot width or lot area requirements of this chapter.
(b) Such parcels shall be combined into such lot or lots complying as nearly as possible to the lot width and lot size requirements of this chapter. No portion of such parcel shall be used or divided in a manner which diminishes compliance with lot width and area requirements of this chapter. [Amended 11-2-2014]