This Article X regulates and limits the continued existence of uses, structures, lots, and signs established prior to the effective date of this code that do not conform to the regulations of this code applicable in the zoning districts in which such uses, structures, lots, and signs are located.

The zoning districts established by this code are designed to guide the future use of land within the Village by encouraging the development or maintenance of desirable residential, business, and office areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety, and general welfare. The continued existence of nonconformities is frequently inconsistent with the purposes for which such districts are established and thus the gradual elimination of such nonconformities is generally desirable.

Separate restrictions are established for nonconforming uses of land and nonconforming uses of structures designed for a permitted use, nonconforming uses of structures not designed for a permitted use, nonconforming structures, nonconforming lots of record, and nonconforming signs. The degree of restriction made applicable to each category of nonconformity is generally related to the degree of incompatibility with permitted uses and the amount of investment typically associated with nonconformities of that type. Pursuant to § 260-1153 of this code, provision is made for relief from some of the restrictions of this Article X when practical difficulties exist.

In the cases of nonconforming uses of land, nonconforming uses in structures designed for a permitted use, and nonconforming signs, the degree of incompatibility is frequently great, the investment is comparatively small, and the economic life is short. In these cases, elimination of the nonconformity is required after a relatively short, but reasonable, amortization period. In the case of nonconforming uses in structures not designed for any conforming use, the degree of incompatibility is also frequently great, but so too is the investment and economic life of the structure. In such cases, while eventual elimination is required, a more extended period is allowed in which to amortize the investment. While the regulations of this Article X related to all other nonconformities allow such nonconformities to continue without specific limitations of time, they restrict further investments that would make more permanent their location in inappropriate districts.

Burden of owner to establish legality of nonconformity. The burden of establishing that any nonconformity is lawfully existing under the provisions of this Article X shall, in all cases, be upon the owner of such nonconformity and not upon the Village.

Inventory and notice of nonconforming uses and signs subject to termination. Within one year after the effective date of this code, or any amendment hereto creating new nonconformities, or such longer period as may be required, the Building Commissioner shall inventory all nonconforming uses and determine the names and addresses of the owners of record thereof and shall also inventory all nonconforming signs and determine the names and addresses of the owners thereof or, in any case where such a determination is impractical, the owner or lessee of the premises on which such sign is located. For each such nonconformity inventoried, the Building Commissioner shall determine the nature and extent of the nonconformity and the date, if any, on which such nonconformity is required to be terminated pursuant to the provisions of this Article X. Upon making such determination, the Building Commissioner shall notify the aforesaid owner or lessee in writing of his or her determination. Such inventory and notices shall be kept on file by the Building Commissioner and shall be a matter of public record.

Certificate of occupancy for legal nonconformities. The owner of any nonconforming use, structure, lot, or sign may at any time apply to the Building Commissioner for a certificate of occupancy to establish the legality of such nonconformity as of a specified date. Such application shall be filed and processed pursuant to the provisions of § 260-1142 of this code.

Except as provided in Subsection I of this section, any lawfully existing nonconforming use not involving the use of a structure, or involving only a structure that is accessory to a nonconforming use of land, or located in a structure designed for a use permitted in the district in which it is located may be continued so long as it remains otherwise lawful, subject to the regulations contained in Subsections B through H of this section and in Subsections D and E of § 260-1001 of this code.

For purposes of this section, any structure that is used in connection with a nonconforming use of land and that has an assessed value of less than $5,000 on the effective date of this code or any amendment hereto creating such nonconformity shall be considered to be a structure accessory to a nonconforming use of land.

An extension of such use, including its accessory uses, to any structure or land area other than that occupied by such nonconforming use on the effective date of this code or any amendment hereto that causes such use to become nonconforming; and

An extension of such use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this code or any amendment hereto that causes such use to become nonconforming; and

An extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this code or any amendment hereto that causes such use to become nonconforming.

Any structure that is accessory to a nonconforming use of land or that is designed for a permitted use and devoted in whole or in part to a nonconforming use and that is damaged or destroyed, by any means, to the extent of more than 25% of the cost of replacement of such structure new shall not be restored unless the use of such structure shall thereafter conform to the use regulations of the zoning district in which it is located and unless such restoration is accomplished without creating any new parking, loading, bulk, yard, or space nonconformity or increasing the degree of any parking, loading, bulk, yard, or space nonconformity existing prior to such damage or destruction. In determining whether a parking or loading nonconformity has been created or increased, the provisions of § 260-904B(1) and § 260-905B(1) of this code shall control.

When any such structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of 25% or less of the cost of replacement of the structure new, repair or restoration of such structure may be made and the nonconforming use may continue, subject to the regulations of this § 260-1002; provided, however, that no repairs or restorations shall be made that would create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any parking, loading, bulk, yard, or space nonconformity existing prior to such damage or destruction, nor shall any repairs or restoration be made except in conformity with the applicable zoning district regulations unless a certificate of zoning compliance is obtained and restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion. In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with Subsections B, C, and D of this section.

Termination by abandonment.

Termination by amortization. Any nonconforming use of land not involving a structure or involving only a structure that is accessory to the nonconforming use of land or any nonconforming use in a structure designed for a use permitted in that district that has not been terminated pursuant to any other provision of this code shall be terminated no later than five years after the effective date of this code, or any amendment hereto creating such nonconforming use, as the case may be.

Prohibited extensions. A nonconforming use in a structure not designed or intended, in whole or in part, for a use permitted in the district in which such structure is located shall not be extended, expanded, enlarged, or increased in intensity by:

Permitted extensions. A nonconforming use in a structure not designed or intended, in whole or in part, for a use permitted in the district in which such structure is located may be extended throughout any part of such structure designed for such nonconforming use and not for any use permitted in the district and lawfully existing on the effective date of this code or any amendment to it that causes such use to become nonconforming; provided, however, that such extension shall not be allowed unless off-street parking and loading spaces required for such extension can be, and are, provided in accordance with the requirements and restrictions of §§ 260-904 and 260-905 of this code. No such extension shall be deemed to affect the duty to terminate such use pursuant to Subsection I of this section.

When any such structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of 50% or less of the cost of replacement of the structure new, repair or restoration of such structure may be made and the nonconforming use may continue, subject to the regulations of this § 260-1003; provided, however, that no repairs or restorations shall be made that would create any new parking, loading, bulk, yard, or space nonconformity or increase the degree of any parking, loading, bulk, yard, or space nonconformity of such structure existing prior to such damage or destruction, nor shall any repairs or restoration be made except in conformity with the applicable zoning district regulations unless a certificate of zoning compliance is obtained and restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.

In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with Subsections B, C, and D of this section.

Termination by abandonment.

Termination by amortization. Any structure devoted in whole or in part to a nonconforming use and not designed or intended for any use permitted in the district in which such structure is located that has not been terminated pursuant to any other provision of this code shall be either converted to a conforming use or shall be demolished and removed no later than the date provided in the following schedule:

A legal nonconforming lot of record is a lot that:

For purposes of this section, a lot shall not be deemed to have been owned separately or individually unless the owner of such lot did not, directly or indirectly, have legal title to or a beneficial interest in the adjoining tracts of land at any relevant time.

Such lot has a total lot area of at least 75% of the minimum lot area required in the district in which said lot is located; and

The development of such lot meets all other requirements of this code, including the floor area ratio and yard requirements of the district in which said lot is located.

Immediate termination. The following nonconforming signs or sign features shall be terminated within 30 days after the effective date of this code by removal of the sign or by alteration of the sign to eliminate the specified feature:

Termination by abandonment. Any nonconforming sign the use of which is discontinued for a period of 30 consecutive days, regardless of any intent to resume or not to abandon such use, shall be deemed to be abandoned and shall not thereafter be reestablished or resumed. Every such sign shall be immediately removed or brought into conformity with the provisions of this code. Any period of such discontinuance caused by government actions, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this paragraph.

Termination by change of business. Any nonconforming sign advertising, identifying, or pertaining to a business on the premises on which it is located shall be terminated upon any change in the ownership or control of such business.

Termination by amortization.