(a) New Development. New development, including the subdivision of land, construction and the use of land or structures, shall conform to the regulations for the zoning district in which such development is located.
(1) New Subdivisions. The subdivision or resubdivision of land shall not create lots less than the minimum size required for the zoning district in which such land is located, nor shall lots be provided or intended for uses not allowed in the zoning district.
(2) New Structures. New structures and/or developments shall be permitted only on lots subdivided to meet the requirements of this Zoning Code, in accordance with the subdivision regulations of the village, and shall conform to the development standards of the zoning districts in which such construction is permitted, except as is otherwise provided for in division (d) hereof.
(3) New Uses. Any new use of land or a structure shall be a permitted use or a conditional use for the zoning district in which such use is to be located.
(b) Existing Conforming Lots, Structures or Uses. Lots, structures or the use of lots and/or structures which conform to the regulations of the zoning district in which they are located may be continued to and may be altered, extended or changed in accordance with the following.
(1) Conforming Lots. A conforming lot may be changed, altered, enlarged or reduced in dimensions; provided, however, that the remaining lot and/or resulting lots shall conform to the development standards for the zoning district in which the lot is located.
(2) Conforming Structures. A conforming structure may be altered, reconstructed or extended only in such a manner as will comply with the development standards of the zoning district in which the structure is located.
(3) Conforming Uses. A conforming use may be expanded, modified or changed only in such a manner as will comply with the permitted use or conditional use regulations and with the development standards of the zoning district in which the conforming use is located.
(c) Nonconforming Lots, Structures or Uses. Existing lots, structures and accessory development, or the use of lots and/or structures, which would be prohibited under the regulations for the zoning district in which they are located shall be considered as nonconforming. A nonconforming use in violation of a provision of this Zoning Code shall not be validated by the adoption of this Zoning Code. It is the intent of this Zoning Code to permit these nonconforming situations to continue until they are removed, but not to encourage their continued use or expansion. A variance from any development standard must be obtained by approval of the Planning and Zoning Commission and Council.
(d) Nonconforming Structures and Developments. Structures and/or accessory developments, which, by reason of their size, type, location on a lot, or otherwise, are in conflict with the regulations of the zoning district in which they are located, may be altered, reconstructed or extended only in such a manner that the alteration, reconstruction or extension will comply with the development standards of the zoning district in which the structure and/or accessory development is located. Such alteration, reconstruction or extension shall include such additional development and compliance with the development standards of the zoning district as would be required of a new structure and/or accessory development to the extent practicable and so that the spirit and intent of the development standards are accomplished.
(e) Nonconforming Uses Superseded. Any nonconforming building, structure or use of land superseded by a use permitted within the zoning district where it is located shall thereafter be in conformity with this Code, and the previous nonconforming use shall not be resumed.
(f) Nonconforming Uses Discontinued. Any nonconforming use of land that is discontinued, and any building or structure left vacant for a period of one year or more, shall not be resumed. Any subsequent use of the land shall be in conformity with this Code, or be permitted by variance granted by the Planning and Zoning Commission.
(g) Nonconforming Uses Destroyed. Any nonconforming building or use of land destroyed by any cause to the extent of more than 50% of its replacement value shall not be resumed or reconstructed. The remains of any building or structure shall be razed. Any subsequent use of the land shall be in conformity with this Code, based upon the reproduction cost of the building, structure or use prior to the calamity and determined by the Zoning Inspector. In case of any uncertainty about the replacement value of a particular building, structure or use, the determination of the Mayor or his or her designee shall be final.
(h) Extension of Nonconforming Uses. The Planning and Zoning Commission may authorize the extension of a nonconforming use throughout those parts of an existing building that was manifestly designed or arranged for such use prior to the effective date of this Code if no structural alterations except those required by law are made therein.
(i) Prohibited Uses. The following uses are determined to be detrimental to the character of the village and are specifically prohibited, unless they are nonconforming uses. No permit shall be issued on the lot where a nonconforming prohibited use is located without the prohibited use being terminated and without evidence of its removal to grade. Uses not specifically listed as prohibited, but not listed as permitted, are permitted only upon approval by the Planning and Zoning Commission:
(1) Outhouses;
(2) Mobile homes;
(3) Garbage and refuse handling; and
(4) Junk yards.
(Ord. 5-89, passed 5-8-1989; Ord. 3-2002, passed 10-14-2002)