(A) Intent. Regulations for the continuance, maintenance, repair, restoring, moving and discontinuance of nonconforming structures, buildings, land uses are established in order to achieve, among others, the following purposes:
(1) To permit the continuance but control nonconformity so as to minimize any adverse affect on the adjoining properties and development;
(2) To regulate their maintenance and repair;
(3) To restrict their rebuilding if substantially destroyed;
(4) To require their permanent discontinuance if not operated for certain periods of time; and
(5) To require conformity if it is discontinued, to bring about eventual conformity in accordance with the objectives of the zoning code.
(B) Lawful nonconformance. The lawful use of any dwelling, building or structure and of any land or premises as existing and lawful at the time of enacting this chapter, may be continued, although such use does not conform to the provisions of this chapter. The completion, restoration, reconstruction, extension or substitution of nonconforming uses shall be subject to the provision and conditions as set forth in this section.
(C) Discontinuance and abandonment. Any nonconforming use of land or building shall be considered abandoned when the owner, lessee or tenant has discontinued such use for one year or more, or when the nonconforming use has been replaced by a conforming use.
(D) Maintenance and repair. A nonconforming building or structure may be continued to be used and normal repairs and improvements may be made. For the purpose of this chapter, normal repairs shall include the ordinary maintenance of a building or structure, and the replacement of equipment which is required for safety of operation, and the replacement or substitutions of machinery or equipment. It shall not include the replacement of the structure or structural parts in any nonconforming building or structure except when required by law to restore same to a safe condition, or to make the building, use or structure conforming.
(E) Restoration of damaged structure.
(1) Any nonconforming building or structure which has been destroyed or damaged by fire, other casualty, act of God or by a public enemy to the extent of 50% or more, of its costs or restoration to the condition in which it was before the occurrence, shall thereafter conform to all the provisions of this chapter.
(2) The total structural repairs, improvements and alterations including repairs occasioned by fire, other casualty, act of God or by a public enemy to the extent of less than 50% of its cost of restoration, shall not, during the life of the structure or use after the enactment of this chapter, exceed 50% of the reproduction value of the structure as of the date of enactment of this chapter, unless the structure or use by permanently changed to a conforming use.
(3) Determination of the production value shall be made by three practicing building construction contractors, one to be appointed by owner, one to be appointed by the village and the third to be selected by the mutual consent of the two parties.
(4) In the case of repair or replacement of partial destruction of the structure, a building permit must be applied for within six months of the destruction and repairs must be completed within six months of the issuance of the permit or the nonconforming structure or use shall be considered to be abandoned.
(F) Extension prohibited. Any nonconforming building or structure shall not be enlarged or structurally altered except to make it a conforming building or a structure. A nonconforming use may not be extended within a building or structure enlarged or added to in any manner.
(G) Nonconforming change prohibited. The use of a nonconforming building or structure may be changed only to a use conforming to the district in which the building or structure is located, and only if approved by the Planning Commission, after a public hearing. Thereafter, it shall not be changed back to the former nonconforming use.
(H) Moving nonconforming structure. A nonconforming building or structure may be moved to a different location on the same lot or other parcel of land within the district, with approval of the Planning Commission, after a hearing, and provided proper and adequate alterations are secured to make the building or structure conform to the regulations of the district where it is to be located.
(I) Nonconforming parking facilities. A building, use or structure existing lawfully at the time this chapter or any amendment thereto became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided; however, any parking spaces that may be provided thereafter shall comply with the regulations set forth in § 155.30. Furthermore, if the existing building use, or structure is altered so that there is an increase of the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more off-street facilities, then off-street parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building, use or structure in accordance with all provisions of § 155.30.
(J) Nonconforming due to amendments. The foregoing provisions of this section shall also apply to buildings, structures, land or other uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments made to this chapter.
(Ord. 656-70, passed 2-16-1970)