Any existing dimensional nonconformity may be continued, so long as otherwise lawful, subject to the following provisions.
(A) Nonconforming lots of record. Lots of record, established prior to the effective date of this chapter, or amendments thereto, that have any dimensional nonconformities, may be used for purposes allowable by this chapter, subject to the following limitations.
(1) Such lot, when located in a dwelling district, shall comply with the prevailing patterns requirement specified under § 154.053; shall only be used for open space or a detached one-family dwelling and associated accessory uses or structures; and any buildings placed thereon shall meet the required setbacks of the applicable district regulations, subject to setback exceptions established under § 154.055.
(2) Such lot, when located in any non-dwelling district, shall not be less than 5,000 square feet nor less than 40 feet in width; shall only be used for open space or an office building; and any buildings placed thereon shall meet the required setbacks of the applicable district regulations, subject to setback exceptions established under § 154.055.
(3) In any event, a nonconforming lot of record shall not be used for the development of a freestanding principal structure, unless:
(a) Such lot was owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by the zoning ordinance adopted by the village; and
(b) Has remained in separate and individual ownership from adjoining tracts of land continually during the entire time that creation of such lot has been prohibited by the applicable zoning ordinance.
(4) Nothing in this section shall prohibit the combination of a nonconforming lot of record, or portions thereof with another adjoining lot, or lots, so as to create zoning lots, which comply with the requirements of this chapter. Such consolidations may be accomplished under the subdivision procedures.
(B) Nonconforming structures.
(1) Nonconforming structures associated with conforming uses. Any nonconforming structure, which is associated with a conforming use, may remain as a nonconforming structure, subject to the following provisions.
(a) Enlargement, repair, alterations. Any such structure may be enlarged, maintained, repaired, or remodeled; provided, however, that no such enlargement, maintenance, repair, or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure, except as may be permitted under division (C) below.
(b) Damage or substandard conditions. Any such structure shall be subject to the provisions of § 154.179.
(c) Moving. No such structure shall be moved, in whole or in part, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the provisions of this chapter after being moved.
(C) Exceptions to nonconforming dwellings. A one-family or two-family dwelling, which lawfully existed prior to the effective date of this chapter, or amendment thereto, and which fails to comply with the dimensional requirements of this chapter, may be expanded and such expansion may encroach upon required building setbacks; provided, however, that such addition shall only be permitted to extend to the horizontal or vertical plane of the building’s exterior wall or the building’s height which is in nonconformance with a required setback or building height limitation. In other words, the addition shall not create a dimensional nonconformity that is greater than the existing dimensional nonconformity.
(D) Other dimensional nonconformities. Any other dimensional nonconformities may remain nonconforming, so long as any modification to a building site or the structures thereon, as may be permitted by this subchapter, does not create any increase in the degree of such other dimensional nonconformity and no reduction in required off-street parking shall be permitted, except as may be provided for under § 154.079(A).
(Ord. 834, passed 2-1-2001)