A. Generally, a nonconforming use not authorized by the provisions of The 1984 Zoning Ordinance, adopted November 7, 1984, or a use made nonconforming by reason of a subsequent amendatory ordinance shall be discontinued and not reestablished, except when the provisions of this Chapter find the use to be conforming to the regulations for the district in which it is then located. Accordingly, any nonconforming building, structure or use which existed lawfully at the time of the adoption of The 1984 Zoning Code on November 7, 1984, the effective date of which the regulation and amortization of nonconforming uses and nonconforming buildings and structures commenced, and which remains nonconforming, and any such building, structure or use which has become nonconforming upon the adoption of any subsequent amendment thereto, may be continued subject to the regulations which follow. Unless otherwise provided for in this Chapter 15, a special use permit, or a variation, a use made nonconforming by reason of a subsequent amendatory ordinance to the provisions of The 1984 Zoning Ordinance may continue in perpetuity provided that the requirements of this Chapter have been met. It is the intent hereof to provide for the amortization of certain nonconformities, to permit some nonconformities to conditionally continue, and to insure that nonconformities shall not be enlarged, increased, expanded or extended, nor to be used as grounds for adding other structures or uses prohibited elsewhere in the same district. None of the provisions of this Chapter, as amended, pertaining to adult uses shall be construed to permit any use or activities that presently are or in the future may be prohibited by law.
B. Any legal nonconforming building or structure may be continued in use provided there is no physical change thereto other than necessary maintenance and repair, except as otherwise permitted in this Chapter.
C. Any building (other than a temporary building, manufactured home, mobile home, and/or a prefabricated building - which are structures prohibited within the corporate limits of the Village) for which a permit has been lawfully granted prior to the adoption of an amendment to The 1984 Zoning Ordinance on November 7, 1984, may be completed in accordance with the approved plans; provided construction is started within ninety (90) days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established but legal nonconforming building, unless such building complies with all of the applicable provisions of this Chapter.
D. Where an existing permitted use becomes classified herein as a conditional or special use, on the date of the adoption of this Chapter or any subsequent amendment thereto, it shall be considered a legal conforming conditional or special use without further action of the President and Board of Trustees, the Building Administrator, or the Zoning, Planning and Appeals Commission.
E. However and notwithstanding the above and foregoing, the provisions of this Article pertain to the elimination of nonconforming structures does not apply to any single family dwelling building which, at the time it was constructed met all of the zoning requirements of the district within which it was located, where the nonconformity is caused solely by a changed zoning district or regulation; provided, however, that a minimum of 80,000 contiguous square feet of land shall be necessary to maintain a stable building in the event a horse is stabled on any lot not meeting the minimum lot area requirements of this Chapter.
(Ord. 432, passed 8-15-2000; Am. Ord. 688, passed 5-17-2011; Am. Ord. 748, passed 12-17-2013)