(A) Nonconforming structures and lots.
(1) Nonconforming lots shall comply with the provisions for substandard lots in § 154.024(A).
(2) Alterations to a nonconforming structure shall not increase, extend, or expand the nonconformity.
(3) If the part of the structure which is not in conformance is demolished, removed, or declared uninhabitable, it shall not be replaced or restored unless it is in conformance with the regulations in this chapter.
(B) Nonconforming features.
(4) Any other nonconforming feature shall be allowed to continue to exist, but cannot be altered, enlarged, or expanded in a manner that would increase its nonconformity.
(5) Any other nonconforming feature that is removed, demolished, or destroyed shall be replaced or restored only if it is conformance with the regulations in this chapter, unless the nonconforming feature is a historically significant element of a structure designated as a landmark or is located within a conservation or historic district.
(6) The sale of merchandise or food outdoors is only allowed upon receipt of a permit issued by the village, unless permitted otherwise by the provisions of this chapter. When the sales are not permitted by the provisions of this chapter, they shall be discontinued immediately.
(7) Nonconforming accessory uses shall be terminated when the principal use is terminated.
(C) Nonconforming provisional and special uses.
(1) Any provisional use that is nonconforming with respect to location, which is abandoned, demolished, destroyed, or declared uninhabitable, shall not be replaced or restored unless it is to a use that is permitted at that location.
(2) No provisional use that is nonconforming with respect to location shall be:
(a) Expanded to another part of the building; or
(b) Enlarged, extended, or expanded unless the use is changed to a use which is permitted at that location; or
(c) Structurally altered or undergo major repairs.
(3) Any use that would be required to be approved as a provisional or special use, that was legally established prior to February 18, 2020, which is abandoned, demolished, destroyed, or declared uninhabitable shall not be replaced or restored unless it is approved in accordance with §§ 154.050 through 154.052.
(D) Nonconforming use of land.
(1) (a) Any lawful use of land which becomes nonconforming as a result of the adoption of this chapter, annexation, or subsequent amendments, may be continued only for a period of five years from the date upon which such use becomes nonconforming.
(b) Since the use of land does not represent major improvements, it is reasonable to expect a land owner to bring the property into compliance. Some examples where this may apply are for salvage yards, used car lots, and parking lots.
(2) The term "use of land" includes both principal and accessory uses and refers not only to the use of bare or unimproved land, but also to any use of land which involves a structure or involves an accessory structure, but no principal structure. Temporary structures or manufactured homes that are not part of a unified development shall be considered accessory buildings.
(3) Any nonconforming use of land that is abandoned or discontinued for a continuous period of six months or more shall not be resumed unless it complies with the provisions of this chapter.
(4) Any nonconforming use of land shall not expand on the zoning lot or move to another portion of the zoning lot unless it complies with the provisions of this chapter.
(E) Nonconforming use of a building or other structure.
(1) If a nonconforming use of a building or other structure is abandoned or discontinued for a continuous period of one year or more, or the building or other structure containing said use is demolished, destroyed, or declared uninhabitable, then the subsequent use of such building or other structure shall be in conformance with the provisions of this chapter.
(2) If a structure with a nonconforming use is damaged by fire, explosion, or other catastrophe, but is not destroyed, then repairs to the structure will be allowed within 12 months from the date the damage was incurred, and shall be carried on without interruption.
(3) Any nonconforming use of a structure shall not expand into any other portion of the structure unless it complies with the provisions of this chapter.
(4) No major repair or structural alteration may be made to any portion of a structure which contains a nonconforming use if the effect of said major repair or alteration is to extend the life of that portion of the structure.
(5) Any structure with a nonconforming use may not change to another use unless the new use complies with the provisions of this chapter.
(Ord. 2020-O-3, passed 2-18-2020)