(A) A building and/or structure which is nonconforming as to lot size requirements or building bulk regulations, or all or substantially all of which is designed, intended, or used for a use not permitted in a district in which it is located, shall not be added to, expanded, or enlarged unless such addition, expansion, or enlargement conforms to all the regulations of the district in which it is located and unless the entire building thereafter conforms to all the regulations of the district.
(B) A nonconforming use of a building and/or structure shall not be expanded or extended into any other portion of such structure unless all or substantially all such structure was designed or intended for a use not permitted in the district in which it is located.
(C) A nonconforming use of a building and/or structure, or portion thereof, shall not be changed to any other nonconforming use.
(D) A nonconforming use of land shall not be increased in intensity, nor be expanded or extended beyond the area it occupied at the date of the adoption of this chapter or any amendment to this chapter.
(E) Notwithstanding the foregoing divisions, a nonconforming residential building may be expanded, altered or extended without obtaining a variance from the Planning and Zoning Board and Village Board provided that all of the following requirements are met:
(1) The land upon which the residential building is located must be a “lot of record” as defined in this chapter;
(2) All setbacks and building lines must be preserved and no part of the addition may intrude over them;
(3) No more than 25% of the gross area of the lot or plot of land upon which the building sits may be covered by the buildings or structures upon that land;
(4) Nothing herein shall be deemed to permit the construction of more additional, separate structures upon the land than are permitted under § 154.009;
(5) Nothing herein shall be construed to grant greater powers to grant any variance to the Planning and Zoning Board than is set forth elsewhere in this code.
(F) Nonconforming downtown (DT) district structures. The following regulations allow for the continuation of occupation of a structure in a downtown (DT) district that was legally constructed prior to the adoption or amendment to § 154.078, but that could not occur under the provisions of this code.
(1) All building type standards apply to all new construction and renovation of existing structures where the renovation includes an addition of more than 60% in gross building square footage.
(2) When the existing front or corner facade is located within the build-to zone and a renovation of the front facade occurs with or without any added building square footage, the street facade requirements and entrance type requirements of any permitted building type shall be met when the renovation includes any of the following:
(a) Installation of additional doors or a change in location of a door;
1. Expansion or change in location of 30% of windows on any street facade; or
(b) Replacement of 30% or more of facade materials on any street facade with a different facade material.
(3) When the existing building front or corner facade is located within the build-to zone and a renovation of the shape or style of the roof occurs with or without added building square footage, the roof type requirements of any permitted building type shall be met.
(4) Under all circumstances, no portion of the building type standards must be met in the case of normal repairs required for safety and continued use of the structure, such as replacement of window or door glass.
(Ord., passed 2-18-64; Am. Ord. 1993-O-02, passed 2-2-93; Am. Ord. 2002-O-10, passed 3-19-02; Am. Ord. 2014-O-9, passed 5-20-14)