(A) Purposes: This part regulates and limits the continued existence of uses, structures, and lots established prior to the effective date of this chapter that do not conform to the regulations of this chapter applicable in the zoning districts in which such uses, structures, and lots are located.
The zoning districts established by this chapter are designed to guide the future use of land within the Village by encouraging the development or maintenance of desirable residential, commercial, office, and industrial areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety, and general welfare. The continued existence of nonconformities is frequently inconsistent with the purposes for which such districts are established and thus the gradual elimination of such nonconformities is generally desirable.
(B) General Scope And Scheme Of Regulation: Separate restrictions are established for nonconforming uses of land and nonconforming uses of structures designed for a permitted use (§ 159-8.102 of this part), nonconforming uses of structures not designed for a permitted use (§ 159-8.103 of this part), nonconforming structures (§ 159-8.103 of this part), and nonconforming lots of record (§ 159-8.104 of this part). The degree of restriction made applicable to each category of nonconformity is generally related to the degree of incompatibility with permitted uses and the amount of investment typically associated with nonconformities of that type. Pursuant to § 159-2.309 of this chapter, provision is made for relief from some of the restrictions of this part when practical difficulties or a particular hardship exist.
In the cases of nonconforming uses of land and nonconforming uses in structures designed for a permitted use, the degree of incompatibility is frequently great, the investment is comparatively small, and the economic life is short. In these cases, elimination of the nonconformity is required after a relatively short, but reasonable, amortization period. In the case of nonconforming uses in structures not designed for any conforming use, the degree of incompatibility is also frequently great, but so too is the investment and economic life of the structure. In these cases, while eventual elimination is required, a more extended period is allowed in which to amortize the investment. While the regulations of this part related to all other nonconformities allow such nonconformities to continue without specific limitation of time, they restrict further investments that would make more permanent their location in inappropriate districts.
(C) Exception For Repairs Pursuant To Public Order: Nothing in this part will be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, provided such restoration is not otherwise in violation of the various provisions of this part prohibiting the repair or restoration of partially damaged or destroyed structures.
(D) Nonconforming Accessory Uses And Structures: No use or structure that is accessory to a principal nonconforming use or structure may continue after the principal use or structure has been terminated, unless it thereafter conforms to all the regulations of the zoning district in which it is located.
(Ord. 17-2-2065, passed 2-27-2017)