A. Purpose, Applicability.
The purpose of this Section is to regulate and limit the continued existence of uses and structures established prior to the effective date of these regulations that do not conform to these regulations. Any nonconformity created by a change in the classification of property or the text of these regulations shall be regulated by the provisions of this Section, with the "effective date" referenced below being the date the text of these regulations or the Zoning Map is amended to render a particular use, structure, or lot nonconforming. Many nonconformities may continue, but the provisions of this Section are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations.
B. Nonconforming Uses.
1. Nonconforming uses of land or structures, and nonconforming structures that contain nonconforming uses, may continue only in accordance with the provisions of this Section.
2. Normal repair and maintenance may be performed to allow the continuation of a nonconforming use.
3. A nonconforming use shall not be expanded, nor shall a nonconforming use be enlarged by additions to the structure in which the nonconforming use is located or the occupation of additional lands, unless its nonconforming status is removed pursuant to Subsection F, or it complies with the terms of Subsection C(4) below.
4. A structure in which a nonconforming use is located shall not be moved unless the use thereafter conforms to the standards of the zoning district or districts to which it is moved.
5. Except as provided in Subsection F, a nonconforming use shall not be changed to any other use unless the new use conforms to the standards of the zoning district in which it is located. Once a nonconforming use is changed to a conforming use, the nonconforming use shall not be re-established.
6. Where a nonconforming use is discontinued or abandoned for six (6) consecutive months or displaced for any period of time due to structural damage under Subsection (7) below, then the use shall not be re-established or resumed, and any subsequent use of the land or structure shall conform to the requirements of these regulations.
7. Where a building or structure in which a nonconforming use is located is destroyed or damaged to fifty percent (50%) or more of its gross building area, then the structure may be repaired or restored only for uses which conform to the standards of these regulations for the zoning district in which it is located. In the event that such damage or destruction is less than fifty percent (50%) of the gross building area, repairs or construction must be diligently pursued to completion and must be started within one (1) year from the date of the partial destruction.
C. Nonconforming Structures.
1. A nonconforming structure devoted to a use permitted in the zoning district in which it is located may continue only in accordance with the provisions of this Section.
2. Normal repair and maintenance may be performed to allow the continuation of nonconforming structures.
3. Except as provided in Subsection (4) or in Subsection F below, a nonconforming structure shall not be expanded.
4. A nonconforming structure may be reconstructed or expanded:
a. if it is nonconforming solely because of its failure to comply with the off-street parking requirements of Section 6-306 of these regulations, and the enlargement will not increase the required amount of off-street parking by more than three (3) additional spaces;
b. if the expansion will not increase the degree of nonconformity;
c. if the structure is nonconforming as to its setback and is located within the Old Orland Historic District; or
d. if it is nonconforming due to the use of government exercising the powers of eminent domain and the reconstruction or expansion conforms to zoning requirements.
This provision excludes the expansion of non-conforming signs. (Amd. Ord. 4926 - 9/15/14)
5. A nonconforming structure shall not be moved unless it thereafter conforms to the standards of the zoning district in which it is located.
6. Where a nonconforming structure is abandoned for twelve (12) consecutive months, then the structure shall be removed or modified to conform to the requirements of these regulations. (Amd. Ord. 4926 - 9/15/14)
7. Any part of a nonconforming structure which is destroyed or damaged to less than fifty (50) percent of the assessed value of such structure may be repaired or restored if a building permit or a sign permit for the repair or restoration is issued within six (6) months of the date of the damage. Any nonconforming structure which is destroyed or damaged to fifty percent (50%) or more of its assessed value may be repaired or restored only if the structure conforms to the standards of these regulations for the zoning district in which it is located. Assessed value shall be determined by reference to the official property tax assessment rolls for the year the structure is destroyed or damaged. The extent of damage or destruction shall be determined by the Village Engineer by comparing the estimated cost of repairs or restoration with the assessed value. (Ord. 4610 - 12/20/10)
8. No conforming sign shall be erected on the same premises as an existing nonconforming sign until the nonconforming sign has been removed or changed to a conforming sign. However, in commercial retail establishments, the fact that one particular establishment therein has a nonconforming sign will not prohibit a different establishment therein from erecting a conforming sign on the same premises.
9. A sign approved prior to December 12, 1977 will be allowed to remain as non-conforming structures as long as the sign remains in good repair. If such sign is damaged beyond 50% of its size or destroyed, or if the sign undergoes a change of use or ownership, the sign must thereupon be removed or brought into conformance within six (6) months. (Ord. 3281 - 8/16/99 & Ord. 3354 - 4/17/00)
10. For signs approved subsequent to December 12, 1977, no modification or replacement is required of the owner of the sign on February 3, 1992. If the sign is damaged beyond 50% of its size or destroyed, the replacement sign shall be required to conform with these regulations. (Ord. 3281 - 8/16/99)
11. Any sign that was not previously approved by the Village and that does not conform to these regulations (illegal signs) shall be immediately removed at the expense of its owner.
D. Nonconforming Accessory Uses and Accessory Structures.
1. No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, damage, or destruction unless such accessory use or accessory structure thereafter is made to conform to the standards for the zoning district in which it is located.
2. A nonconforming accessory use or accessory structure may be expanded only if the nonconforming features of that use or structure are not expanded so as to increase the degree of nonconformity.
3. Any nonconforming accessory use or accessory structure shall be brought into conformity with these regulations whenever a substantial improvement to, addition to, or change in the principal use or structure on the property is proposed and approved.
4. In no event shall a nonconforming accessory use or accessory structure continue later than five-and-one-half (5-1/2) years from the effective date of these regulations.
E. Nonconforming Vacant Lots.
1. Except as provided below in Subsection (2), a nonconforming vacant lot may be used for any of the uses permitted by these regulations in the zoning district in which it is located, provided that the use meets all limitations and minimum requirements for setbacks, height, open space, and floor area established in these regulations for the zoning district in which the lot is located.
2. If two adjacent nonconforming vacant lots are combined under single ownership, and the combination results in the creation of a single lot that is more than one-and-one-half (1 1/2) times the width or area required in the zoning district, then the joint lot may be divided into two (2) lots of equal width and area without being further classified as nonconforming. (Ord. 4926 - 9/15/14)
F. Termination of Status as a Nonconformity.
1. Notwithstanding the provisions of Subsections B and C above prohibiting the continuation, reconstruction, or expansion of nonconforming uses and structures, a nonconforming use or structure may be deemed to be in conformity with these regulations, and may be allowed to continue and to expand as a lawfully existing use or structure, through the issuance of a special use permit in accordance with the provisions of this Section.
2. To establish a nonconforming use or structure as a lawfully existing use or structure, the owner of the property, or his or her authorized agent, shall apply for a special use permit in accordance with the procedures established in Chapter 5-105 of these regulations.
3. A special use permit shall not be issued for the nonconforming use or structure unless it is to be improved according to the following requirements:
a. A buffer conforming to the standards of Section 6-305 shall be provided between the nonconforming use or structure and any abutting lot. Where the nonconforming use or structure is residential and the adjacent lot is located in a residential or agricultural district, a Class C buffer shall be provided. Where the nonconforming use or structure is residential and the adjacent lot is located in a district other than a residential or agricultural district, a Class D buffer shall be provided. Where the nonconforming use or structure is non-residential and the adjacent lot is located in a residential or agricultural district, a Class D buffer shall be provided. Where the non-conforming use or structure is non-residential and the adjacent lot is located in a district other than a residential or agricultural district, a Class C buffer shall be provided. (Ord. 4610 - 12/20/10)
b. Any off-street parking area located on the lot shall be improved to meet the landscaping standards established in Section 6-305 for the zoning district in which the parking area is located.
c. Any nonconforming sign, outdoor lighting, off-street parking area, or other accessory structure or accessory use located on the lot shall be terminated, removed, or brought into conformity with these regulations.
d. No nonconforming structure shall be expanded so as to increase the degree of nonconformity, such as by further encroachment into a required setback.
e. Any expansion to the nonconforming use or structure shall meet all off-street parking requirements, bulk regulations, and other requirements established by these regulations for that use or structure and the zoning district in which it is located.
4. Upon determining that the nonconforming use or structure satisfies all of the above requirements, the Board of Trustees shall approve that use or structure or for the expansion of that use or structure. Upon receipt of the special use permit the use or structure shall no longer be treated as a nonconformity and shall be allowed to continue as a lawfully existing use or structure unless the structure is abandoned for twelve (12) consecutive months or the use is discontinued for three (3) consecutive years or is destroyed or damaged to 100 percent of its assessed value. This status as a lawfully existing use shall apply only to the specific use or structure for which the permit is issued and not to any other use or structure that may be located on the lot. (Ord. 4926 - 9/15/14)
5. In no event shall the use or structure be allowed to expand to greater than fifty percent (50%) of the floor area or lot area that it occupied on the effective date of these regulations or on the effective date of any amendment to these regulations which rendered the use or structure nonconforming.