NONCONFORMITIES

§ 151.200 NONCONFORMING LOTS.

   (A)   Any vacant lot that does not conform to one or more of the lot size requirements of the zoning district in which it is located may be used if the vacant lot, after review by the Village Planning Commission and approval by the Village Board of Trustees, is deemed appropriate for the intended use and compatible with surrounding land uses.

   (B)   An area bulk variance must be secured prior to the issuance of a building permit for a structure on the lot.

§ 151.201 LOTS IN COMMON OWNERSHIP.

   (A)   If two or more lots or combinations of lots and portions of lots with continuous frontage were lots of record and in common ownership prior to the date of adoption of the Development Code, and if one or more of those lots does not meet the minimum lot size requirements of the zoning district in which it is located, the land involved shall be considered an undivided parcel.

   (B)   No portion of any such parcel shall be developed except in compliance with this Code, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this Code.

§ 151.202 NONCONFORMING STRUCTURES.

   Any lawful structure which exists prior to the date of adoption of the Development Code, but which could not be erected under the terms of this Code may lawfully remain; provided that, the structure shall not be:

   (A)   Enlarged or altered in any way which increases its nonconformity;

   (B)   Relocated unless, after relocation, it will conform to all the regulations of the zoning district in which it is located; and

   (C)   Reconstructed, following destruction or damage by any means, if the village staff determines that the cost of the reconstruction exceeds 50% of the structure's market value at the time of loss, unless after reconstruction the structure will conform to all applicable regulations of the zoning district in which it is located; in the event that the village staff determines the estimated cost of reconstruction is 50% or less than the structure's market value at the time of loss, repairs or reconstruction shall be permitted; provided, the work starts within six months from the date the damage occurred and is diligently prosecuted to completion; the village staff may require the owner of the damaged structure to provide the reconstruction cost estimate made by a bona fide construction contractor and the structure's market value at the time of loss as determined by a licensed real estate appraiser.

§ 151.203 NONCONFORMING USES OCCUPYING A STRUCTURE.

   Any lawful use occupying a structure which exists prior to the date of adoption of the Development Code, but which would not be allowed under the terms of this Code may lawfully continue; provided that:

   (A)   Any structure housing a nonconforming use shall be maintained through ordinary repairs;

   (B)   No structure housing a nonconforming use shall be enlarged, altered, reconstructed or relocated unless the use of the structure is changed to a permitted use;

   (C)   No nonconforming use shall be extended to any part of the structure not intended or designed for the use, nor shall the nonconforming use be extended to occupy any land outside the structure;

   (D)   Any nonconforming use occupying a structure shall not be changed, except to a permitted use; and

   (E)   Any nonconforming use of a structure, or of a structure and premises in combination, shall not be discontinued longer than 12 consecutive months or 18 months during any three-year period or it shall not thereafter be allowed to resume; any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance. A nonconforming use may not be transferred from one party to another.

§ 151.204 NONCONFORMING USES OF THE LAND.

   Any lawful use of the land which exists prior to the date of adoption of the Development Code but which would not be permitted under the terms of this Code may lawfully continue; provided that, the nonconforming use of the land shall not be:

   (A)   Intensified or extended to occupy a greater area of land than already occupied;

   (B)   Moved, in whole or in part, unless the use, upon relocation, will conform to all the regulations of the zoning district in which it is located;

   (C)   Changed, except to a permitted use; and

   (D)   Discontinued longer than 12 consecutive months, or it shall not thereafter be allowed to resume; any discontinuance caused by government action and without any contributing fault by the nonconforming user shall not be counted in calculating the length of discontinuance.

§ 151.205 NONCONFORMITIES UNDER PERMIT AUTHORITY.

   (A)   (1)   The regulations of this subchapter shall not preclude final construction and occupancy of any structure or continued use for which a building permit was issued prior to the date of adoption of the Development Code; provided that, the work authorized by the permit is completed within a reasonable time.

      (2)   The structure or use shall be subsequently treated as a nonconforming structure or use if it is then nonconforming, or an area bulk variance may be applied for, if applicable.

   (B)   (1)   Suits pending or rights existing immediately prior to the effective date of this Code shall not be affected nor impaired except for those rights relating to nonconformities which are dealt with elsewhere in this Code.

      (2)   Zoning or other related development issues that are a part of an annexation agreement made prior to the adoption or revision of the Development Code shall be grandfathered.

      (3)   Grandfathering of Development Code requirements is also permitted on property platted prior to the adoption of this chapter with permission of the Village Board.