(A) Lawful existing nonconformities.
(1) Any nonconformity lawfully existing on the effective date of this chapter or prior zoning ordinances, but does not conform with the regulations of this chapter, may be continued under the regulations of this subchapter.
(2) If a building or land hereafter becomes subject to the provisions of this subchapter, whether by annexation to the village or otherwise, and any aspect of the use or land is nonconforming, such use or aspect of the use shall be considered a lawful nonconformity and may continue under the provisions of this subchapter.
(3) If a nonconformity is created by subsequent amendment to this chapter, such nonconformity shall be considered a lawful nonconformity which may continue subject to the provisions of this subchapter.
(4) Any use, structure, or feature which was illegally established shall not be permitted to continue under the provisions of this subchapter.
(B) Rules of interpretation.
(1) The regulations of this subchapter pertaining to a building occupied by a nonconforming use shall apply not only to buildings completely occupied by such a use, but shall also apply to buildings in which the nonconforming use occupies only a portion of the building.
(2) Nothing herein contained shall be construed as prohibiting change in tenancy, ownership, or management of a nonconforming lot, use, or structure, provided such change is otherwise lawful.
(3) A variation granted by the Planning and Zoning Board shall not be considered a nonconformity and shall not be subject to the provisions of this subchapter.
(C) Exceptions.
(1) If the village takes by eminent domain or by purchase a portion of a lot for a public right-of-way, and thereby renders said lot or a structure on said lot nonconforming, the following rules shall apply:
(a) A nonconforming lot may be developed or redeveloped for any use permitted in the
district in question as long as all development regulations in said district, other than those regulating lot area and width, are complied with.
(b) A nonconforming structure may be continued, structurally altered, repaired, or reconstructed provided that such modifications shal1 not increase the nonconformity.
(2) Nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building or lot for which there was an approved building permit at the time of the effective date of this chapter. Such building shall be considered a lawful nonconformity and shall be subject to the provisions of this subchapter. A permit which has been abandoned under the provisions of §§ 154.245 through 154.253 shall not qualify for this exemption.
(Ord. 2020-O-3, passed 2-18-2020)