The purpose of this chapter is to regulate uses, structures, and lots that were in compliance with previous zoning regulations, but do not conform to current zoning regulations as a result of adoption of or amendments to this title. The intent of this chapter is to specify the circumstances under which legal nonconforming uses, structures, and lots may be continued, altered, or expanded as well as circumstances under which such nonconformities shall be gradually eliminated. (Ord. 67-2018, 12-18-2018)

   A.   Authority To Continue:

      1.   Any use, structure, or lot that was established legally as of the effective date of this title, or its subsequent amendments, may continue as long as it remains lawful.

      2.   Any use, structure, or lot that was established legally as of the effective date of this title, or its subsequent amendments, and has been made nonconforming due to the regulations of this title, or its subsequent amendments, is a legal nonconforming use, structure, or lot and may continue subject to the provisions of this chapter as long as it remains otherwise lawful.

      3.   Any use, structure, or lot that was established illegally as of the effective date of this title, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this title.

   B.   Nonconforming Status: The legal nonconforming status of a nonconforming use, structure, or lot rests with the property and shall not be affected by changes in property ownership, tenancy, or management.

   C.   Burden Of Establishing Legal Status: The burden of establishing the legal status of a nonconforming use, structure, or lot under the provisions of this title shall be the responsibility of the owner of such use, structure, or lot. (Ord. 67-2018, 12-18-2018)

   A.   Applicability: A legal nonconforming use is the use of land or a structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this title.

   B.   Expansion Of Use: A legal nonconforming use shall not be expanded, enlarged, or increased in intensity to include any land area or structure not previously occupied by such legal nonconforming use.

   C.   Relocation Of Use: A legal nonconforming use shall not be relocated on the same lot or any other lot unless the relocation of such use meets the requirements of the zoning district in which the use is relocated.

   D.   Damage Or Destruction Of Use: In the event that any structure devoted in whole or in part to a legal nonconforming use is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value, then the use cannot continue unless it meets the requirements of the zoning district in which the use is located.

   E.   Change Of Use: A legal nonconforming use shall not be changed to any other use unless the use is allowed within the zoning district in which the use is located.

   F.   Discontinuation Or Abandonment Of Use: If a legal nonconforming use is discontinued, or the structure that it occupies becomes vacant or remains unoccupied for a period of six (6) consecutive months, such use shall be deemed abandoned and shall not be reestablished regardless of the intent to continue the use. Any period of discontinuance or abandonment caused by a government action or an act of nature shall not be included in the six-month period. Any subsequent use or occupancy of such land or structure shall meet the requirements of the zoning district in which the use is located. (Ord. 67-2018, 12-18-2018)

   A.   Applicability: A legal nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this title. For the purposes of this section, legal nonconforming structures shall include nonconforming signs, on- site development, off-street parking and loading facilities, and landscape characteristics.

   B.   Ordinary Maintenance And Repair: Ordinary maintenance and repair may be performed on any legal nonconforming structure provided that such activities will not create any new nonconformity or increase the degree of any existing nonconformity.

   C.   Structural Alterations, Enlargements, And Additions: Structural alterations, enlargements, and additions shall not be performed on any legal nonconforming structure, except in the following situations:

      1.   When the alteration, enlargement, or addition is required by law or is necessary to restore the structure to a safe condition upon the order of any official representative of the Village.

      2.   When the alteration, enlargement, or addition is for the purpose of creating a conforming structure.

      3.   When the alteration, enlargement, or addition will not create any new nonconformity or increase the degree of any existing nonconformity.

      4.   When the alteration, enlargement, or addition expands the existing perimeter walls of a legal nonconforming single-family or two-family residential structure, provided that it meets the following conditions:

         a.   The resulting structure will not create any new nonconformity or increase the degree of any existing nonconformity.

         b.   The resulting interior side setback is no less than fifty percent (50%) of the required interior side setback.

         c.   The resulting front, corner side, or rear setback is no less than seventy five percent (75%) of the required front, corner side, or rear setback.

      5.   When the alteration, enlargement, or addition develops a sustainable accessory structure, such as a rainwater cistern, small wind energy system, or solar energy collection system.

   D.   Relocation: A legal nonconforming structure shall not be relocated on the same lot or any other lot unless the relocation of such structure meets the requirements of the zoning district to which the structure is relocated.

   E.   Damage Or Destruction:

      1.   In the event that a legal nonconforming structure is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value, then the structure may not be repaired unless it meets the requirements of the zoning district in which the structure is located.

      2.   In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than fifty percent (50%) of its replacement value, the structure may be repaired provided that:

         a.   The repairs will not create any new nonconformity or increase the degree of any existing nonconformity.

         b.   A building permit is obtained for such repairs within one year of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit.

      3.   The replacement value of the legal nonconforming structure shall be established by:

         a.   The sale of the structure within the previous year, or if that is not applicable;

         b.   An appraisal of the structure within the last two (2) years, or if that is not available;

         c.   The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available;

         d.   An alternative method determined acceptable by the Village.

   F.   Discontinuation Or Abandonment Of Nonconforming Signs: A legal nonconforming sign may not remain in use if the property on which the sign is located is vacant and unoccupied for a period of three (3) months or more. (Ord. 67-2018, 12-18-2018)

   A.   Applicability: A legal nonconforming lot of record is a lot of record that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this title.

   B.   Contiguous Nonconforming Lots Of Record: If two (2) or more contiguous lots of record are owned by a single party, or by related parties, and one or more of the lots does not meet the requirements for lot area or lot width as established by this title, then the lots of record shall be developed as a single entity. A building permit shall not be issued for the development of such contiguous lots of record in violation of this section.

   C.   Individual Nonconforming Lots Of Record In Residential Districts: In the R-1, R-2, R-3, and R-4 Districts, a single- family dwelling unit and its accessory structures may be developed on a legal nonconforming lot of record provided that the owner of that lot of record, or a related party, does not own any lots of record that are contiguous to the subject lot of record and that the principal structure meets all of the bulk and yard requirements of the zoning district in which it is located. (Ord. 67-2018, 12-18-2018)