1. Authority To Continue: Any use, structure, lot, or site element that legally existed as a nonconformity as of the effective date of this Chapter, and any use, structure, lot, or site element that has been made nonconforming as of the effective date of this Chapter, and any subsequent amendments, may continue subject to the provisions of this Article so long as it remains otherwise legal. A use, structure, lot, or site element that is illegal as of the effective date of this Chapter, remains illegal.
2. Burden On Property Owner: The burden of establishing the legality of a nonconformity under the provisions of this Chapter is the responsibility of the property owner of the nonconforming use, structure, lot, or site element, or the operator of the use.
3. Safety Regulations: All police power regulations enacted to promote public health, safety, and welfare including, but not limited to, all building, fire and health codes apply to nonconformities.

(Ord. 19-10-26)

1. Definition: A nonconforming use is the use of a structure or land that at one time was an allowed use within a zoning district, but because of subsequent amendments to the Ordinance is no longer allowed.
2. Expansion: A nonconforming use of a structure or land cannot be expanded, extended, enlarged, or increased in intensity. Such prohibited activity includes additions or enlargements of any structure devoted entirely to a nonconforming use, and any expansion, extension, or relocation of a nonconforming use to any other structure, any portion of the floor area, or any land area currently not occupied by such nonconforming use.
3. Relocation: A nonconforming use of a structure or land cannot be relocated, in whole or in part, to any other structure or location on the same lot. The nonconforming use may only be relocated to another structure or lot if the use conforms to all regulations of the zoning district where it is relocated.
4. Change Of Use: A nonconforming use can only be changed to a use allowed within the zoning district where it is located. When a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part that conforms cannot be changed back to a use that is not allowed in the district. A change of use occurs when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of this Chapter is deemed an abandonment of the previously existing nonconforming use.
5. Discontinuation Or Abandonment: If a nonconforming use is discontinued, or the structure that it occupies becomes vacant and remains unoccupied for a continuous period of six (6) months, the nonconforming use is terminated. Any subsequent use or occupancy of such land or structure must comply with all regulations of the zoning district in which the structure or land is located. A period of discontinuance caused by acts of God are not included in calculating the length of discontinuance for this section.
6. Damage Or Destruction: In the event that any structure that is devoted in whole or in part to a nonconforming use is structurally damaged or destroyed through no fault of the property owner or tenant, the nonconforming use may be re-established provided that no new nonconformities are created and the degree of the previous nonconformity is not increased. If the structure containing the nonconforming use is also a nonconforming structure, the structure may only be rebuilt, restored, repaired, or reconstructed in accordance with Section 20.16.3. However, if a building permit is not obtained within one year of the date of damage or destruction, then the nonconforming use may not be reestablished.

(Ord. 19-10-26)

1. Definition: A nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but because of subsequent amendments to the Ordinance no longer conforms to applicable dimensional regulations.
2. Maintenance: Normal maintenance and repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.
3. Structural Alterations: No structural alterations are permitted on any nonconforming structure, except in the following situations:
   1. When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting public safety.
   2. When the alteration will eliminate the nonconformity.
   3. When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity. (For example, if a structure is nonconforming in terms of the required front setback (i.e., does not meet the required minimum), the structure may add a rear addition if that addition meets all other bulk and setback requirements of the district.)
4. Relocation: A nonconforming structure cannot be relocated, in whole or in part, to any other location on the same lot unless such relocation would make the structure conforming. A nonconforming structure may be relocated to another lot if the structure conforms to all regulations of the zoning district where it is relocated.
5. Damage Or Destruction:
   1. Non-residential nonconforming structures are subject to the following:
      1. In the event that any nonresidential nonconforming structure is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value at the time, then the structure may not be restored or rebuilt unless the structure, including foundation, conforms to all regulations of the zoning district in which it is located.
      2. When a nonresidential nonconforming structure is damaged or destroyed to the extent of less than fifty percent (50%) of the replacement value at the time, it may be repaired and reconstructed to its pre-damaged state provided that no new nonconformities are created and that the existing degree of the nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within one year of the date of damage or destruction. In the event that the building permit is not obtained within one year, then the structure cannot be restored unless it conforms to all regulations of the district in which it is located.
   2. If a nonconforming single-family or two-family structure is destroyed or damaged by an act of God, regardless of the percent of damage, it may be rebuilt to its original condition before such casualty or loss if a building permit is obtained within one year of the date of damage or destruction. In the event that the building permit is not obtained within one year, then the structure cannot be restored unless it conforms to all regulations of the district in which it is located.
   3. The replacement value of the structure is based on: 1) the sale of that structure within the previous year or, if that is not applicable; 2) an appraisal within the last two (2) years or, if that is not available; 3) the amount for which the structure was insured prior to the date of the damage or destruction; or, 4) an alternative method determined acceptable by the Village.
6. Extension Of Walls For Nonconforming Single-Family And Two-Family Dwellings: Where a single-family or two-family dwelling is deemed nonconforming because of encroachment into a required rear or interior side setback, the structure may be enlarged or extended horizontally or vertically along the same plane as the existing perimeter walls, provided that the interior side yard setback is at least five feet (5') and the resulting structure does not violate any other district regulation.
   
   

(Ord. 19-10-26)

1. Definition: A nonconforming lot of record is a lot of record that at one time conformed to the lot dimension requirements of the zoning district in which it is located, but because of subsequent amendments to the Ordinance no longer conforms to the applicable lot dimensions.
2. Use: A nonconforming lot of record may be used for a permitted or conditional use allowed within the zoning district.
3. Development: Development of a nonconforming lot of record must meet all applicable dimensional or bulk regulations of the district in which it is located with the exception of that lot dimension requirement that renders it nonconforming.
4. Lot Division: No division of a nonconforming lot is permitted that creates a nonconforming lot and/or renders a lot or lots remaining nonconforming.
5. Building Permits: No building permit will be issued for the use of any lot or portion of a lot, transferred or conveyed in violation of this Article.

(Ord. 19-10-26)

1. Definition: A nonconforming site element is a site development element, such as parking spaces, landscape, or lighting, that at one time conformed to the requirements of this Chapter, but because of subsequent amendments, has been made nonconforming. This does not include nonconforming signs, which are regulated separately.
2. Maintenance: Normal maintenance and incidental repair to a nonconforming site element may be performed. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.
3. Required Conformance:
   1. General: All nonconforming site elements must be brought into conformance when the following occurs:
      1. A new principal building is constructed on a site
      2. An existing principal building is increased in building footprint or gross floor area by thirty percent (30%) or more.
   2. Nonconforming Parking Lot Landscape: When a parking lot of twenty (20) or more spaces does not conform to required parking lot landscape requirements, it must be brought into conformance when such parking lot is fully reconstructed or expanded by an additional fifty percent (50%) or more spaces (viz., the total number of spaces after expansion is one hundred fifty percent (150%) or more of the spaces prior to expansion).
      1. Resealing or re-striping of an existing parking lot, which does not entail paving, resurfacing, or replacement of the asphalt, concrete, or other paving material, is not considered reconstruction.
      2. If such action would result in creating a parking area that no longer conforms to the parking regulations of this Chapter, such existing parking lot is not required to install all or a portion of the required landscape. The applicant is required to show that landscape cannot be accommodated on the site and such finding must be verified by the Zoning Administrator.
      3. If only certain requirements are able to be accommodated on the site, those elements are required. The Zoning Administrator will make the determination that all or a portion of required landscape does not have to be installed.
   3. Nonconforming Exterior Lighting: For exterior lighting, when twenty five percent (25%) or more of exterior lighting fixtures are replaced, all exterior lighting on the site must be brought into conformance. This is calculated as installation of new lighting posts and/or non-post mounted lighting fixtures based on the total lighting installed by the type of mounting. For example, if over twenty five percent (25%) of the wall-mounted fixtures are to be replaced, all wall-mounted fixtures must be brought into conformance while nonconforming freestanding fixtures may remain.

(Ord. 19-10-26)

1. A nonconforming permanent sign and sign structure may remain in use so long as it remains otherwise lawful and has not been damaged or destroyed to the extent of fifty percent (50%) or more of its value as assessed prior to the damage. A nonconforming permanent sign and sign structure that is damaged or destroyed to the extent of more than fifty percent (50%) of its value prior to the damage, or if it the sign and/or sign structure has been removed, cannot be restored or repaired unless it conforms to all applicable regulations for the district. Sign owners must supply the Planning Director with a cost estimate for repair of the damaged sign and an estimate of the cost of a new identical sign.
2. The sign face of an existing nonconforming permanent sign may be replaced, but the structure cannot be altered to accommodate such change. A change of a sign face requires a sign permit.
3. No nonconforming sign and sign structure may be relocated, in whole or in part, to any other location on the same or other lot, unless the entire sign and sign structure conforms to all regulations applicable to the lot where the sign is relocated.
4. No nonconforming sign can be altered or enlarged in a way that increases the nonconformity of the sign or sign structure. This does not include normal maintenance and cleaning, or changing of the sign face.

(Ord. 19-10-26)