(A) Intent. Within the districts established by this chapter, or amendments hereinafter adopted, there may exist lots, structures and/or uses of land which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this section to permit such nonconformities to continue until they are removed, but not necessarily to encourage their survival.
(B) When permitted.
(1) Existing land or buildings. Any use of land or buildings existing on the effective date of this chapter may be continued, even though such use does not conform to the provisions herein, so long as such use was in conformity with the zoning ordinance in effect at the time that the use or structure was established. No nonconforming building, structure or use shall be moved, extended, enlarged, reconstructed or structurally altered, except as specifically provided in this chapter.
(2) Construction commenced. Any property purchased or acquired in good faith for any nonconforming use prior to the adoption of this chapter, upon which property the work of changing, remodeling or construction of such nonconforming use has been legally commenced at the time of adoption of this chapter, may be used for the nonconforming use for which such changing, remodeling or construction was undertaken, provided that such work is completed within two years from the date of adoption of this chapter or amendment thereto making said use nonconforming.
(C) Substitution.
(1) The Planning and Zoning Board shall allow the nonconforming use of a building or structure to be changed to another nonconforming use of the same or of a more restricted classification, provided no structural alterations except those required by law or ordinance are made.
(2) A nonconforming mobile home, once removed, shall not be allowed to be relocated on another lot, or replaced with another mobile home without specific approval of the Planning and Zoning Board.
(D) Extension. No nonconforming use shall be enlarged, extended, reconstructed or structurally altered, except as follows.
(1) (a) The Planning and Zoning Board may permit, on a once-only basis, a building containing a nonconforming use to be enlarged to an extent not exceeding 50% of the ground floor area of the existing building or structure devoted to a nonconforming use at the time of enactment of this chapter.
(b) The Board shall not authorize an enlargement which would result in a violation of the provision of this chapter with respect to any adjoining premises, or which would occupy ground space required for meeting the yard or other requirements of this chapter.
(2) No nonconforming building or structure shall be moved in whole or in part to any other location unless such building or structure and the yard and other open spaces provided are made to conform to all of the regulations of the district in which such building or structure is to be located.
(3) Any residential structure which is nonconforming due to the fact of its being in a nonresidential zoning district may be enlarged, extended, reconstructed or structurally altered provided it meets the requirements of the adjacent or most proximate district where residences are a permitted use.
(4) The expansion or extension of the nonconforming use of land shall be limited to an area consisting of 125% of the area enclosing the nonconforming use at the time of enactment of this chapter, provided such expansion does not encroach on any yard or setback required for the district in which the nonconforming use is located.
(5) Any structure which is nonconforming due to its location or configuration on the lot, resulting in lot coverage or yards inconsistent with the requirements of the zoning district where it is located, may be enlarged, extended or structurally altered in a manner that decreases or maintains its existing degree of nonconformity, but in no case shall such structure be enlarged, extended or structurally altered in a manner that increases its degree of nonconformity.
(E) Discontinuance.
(1) A nonconforming use which has been discontinued or abandoned shall not thereafter be returned to a nonconforming use.
(2) A nonconforming use shall be considered abandoned whenever any one of the following conditions exist:
(a) When the use has been voluntarily discontinued for a period of two years; or
(b) When the nonconforming use has been replaced by a conforming use.
(F) Damage and/or destruction of a nonconforming building or use.
(1) In the administration of this section, if disagreement occurs as to the market value of a particular property, that market value shall be determined by an independent appraiser as selected and mutually agreed to by the applicant and the village. Such appraisals shall be performed according to a comparable value method of appraisal.
(2) When a building or structure, the use or location of which does not conform to the provisions of this chapter, is damaged by fire, explosion, act of God or the public enemy, it may be restored or rebuilt and continued in such nonconforming use, provided that the following conditions are met:
(a) The restoration or rebuilding is commenced within six months of the time of damage, and construction is completed within one year;
(b) The damaged or destroyed building was not located in such a manner so as to encroach or intrude on adjacent property; and
(c) Such restoration or rebuilding would not extend or expand the existing use.
(3) If any part of the damaged or destroyed building encroaches or intrudes on adjacent property, the location of the restored or rebuilt structure is subject to approval by the Planning and Zoning Board. If the restoration or rebuilding of the structure involves extension or expansion of the use, then the provisions of division (D) above shall apply.
(G) Maintenance and repair.
(1) Nothing in this chapter shall be deemed to prevent normal maintenance and repair of a building or structure containing a nonconforming use.
(2) Structural alterations may be made to a building or structure containing a nonconforming use as follows:
(a) When required by law;
(b) To convert to a conforming use; and
(c) A building or structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no structural alterations shall be made which exceed the area or height requirements or which would extend into any yard required in the district in which such building is located.
(H) Nonconforming lots of record. In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record on the effective date of this chapter, even though such lot does not comply with the lot area and width requirements of the district in which it is located; provided said lot has a minimum of 40 feet frontage on a public street; and further provided the following conditions are complied with.
(1) In any district where dwellings are permitted, two inches may be deducted from the required minimum width of each side yard and four inches from the required sum of minimum widths of both side yards for each foot that the lot is narrower than the required width for the district. In no case, however, shall any side yard be narrower than three feet.
(2) For lots having a depth of less than 100 feet, the depth of the rear yard need not exceed 25% of the total depth of the lot, but shall not be less than 20 feet.
(I) Nonconforming mobile homes in districts other than MH-R.
(1) A nonconforming mobile home, as defined in § 152.005, once removed, shall not be allowed to be relocated on another lot or replaced with another mobile home.
(2) Such mobile home may be replaced by a permanently sited manufactured home, or a manufactured home, not considered a permanently sited manufactured home, subject to the following:
(a) The unit was manufactured after January 1, 1995; and
(b) The unit is affixed to a permanent foundation, as defined in § 152.005.
(Ord. 97-5, passed 8-4-1997; Ord. 2008-6, passed 8-19-2008)