(a) Intent. Within the Village there exist lots, structures and uses of land and/or structures which were lawful before certain provisions of this Zoning Code were adopted, but which do not now conform to regulations and restrictions of the Zoning Code. It is the Village's intent to permit such nonconformities to continue. It is further intended that nonconformities not be enlarged, expanded, nor extended, nor be used as grounds for adding other lots, structures or uses prohibited in the same district.
(b) Approved Plans. Nothing in this Zoning Code shall require any change in the plans, construction or designated use of a building for which a building permit has been issued and the construction of which was lawfully begun prior to the effective date of this Zoning Code or amendments hereto and on which construction has been carried on diligently in accordance with approved plans.
(c) Nonconforming Lots. Any lot of record existing at the time of the adoption of any provision of this Zoning Code which does not meet the requirements of said provision shall be considered buildable, provided that the site plan for any additional construction meets all setback and yard requirements established by this Zoning Code. No such lot or parcel or portion thereof shall be used or sold in a manner diminishing compliance with lot width or area below the requirements stated in this Zoning Code.
(d) Nonconforming Structures. Where a lawful structure exists at the effective date of the adoption or amendment of any provision of the Zoning Code that could not be built under the terms of said provision by reason of restrictions on size, height, setback (from property line, street, private road or protected watercourse) or lot coverage, such structure may be continued so long as it remains otherwise lawful, provided:
(1) No such nonconforming structure may be enlarged, altered or reconstructed in a way which increases the nonconformity.
(2) Should such nonconforming structure be damaged or destroyed by any means, it may be repaired or reconstructed in-kind in the same location.
(3) If a nonconforming structure becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by a duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
(4) Any structure which is nonconforming solely because of its encroachment in a required setback may be expanded or extended in any lawful manner that does not increase the nonconformity.
(e) Nonconforming Uses. Where, at the passage of any provision of this Zoning Code, a lawful use of land and/or structures exists which would not be permitted by said provision, the use may be continued so long as it remains otherwise lawful and does not constitute a public nuisance, provided:
(1) No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the date of the adoption or amendment of this Zoning Code;
(2) No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Zoning Code;
(3) No additional structure not conforming to the requirements of this Zoning Code shall be erected in connection with such nonconforming use;
(4) When any nonconforming use is superseded by a permitted use, the use shall thereafter conform to the regulations for the district, and no nonconforming use shall thereafter be resumed;
(5) If any such nonconforming use ceases for any reason for a period of more than twelve (12) consecutive months, any subsequent use shall conform to the regulations specified by this Zoning Code;
(6) Removal or destruction of the structure occupied by such nonconforming use shall eliminate the nonconforming status. Destruction for the purpose of this subsection is defined as damage to an extent of more than sixty percent (60%) of the replacement cost. No nonconforming use shall be established after said destruction or removal; and
(7) If a nonconforming use is altered so as to increase its conformity, it may not, at any time, revert to its previous level of nonconformity.
(Ord. 2023-6. Passed 6-15-23.)