Except as otherwise provided in Section 1250.02 or in any other provision of this Zoning Code, no building or premises shall hereafter be used and no building or part thereof shall be erected, raised, moved, reconstructed, extended, enlarged or structurally altered, except in conformity with the regulations specified in this Zoning Code for the district in which it is located and in accordance with any permit issued by the Building Commissioner as required by law.

(Ord. 1953-21. Passed 5-13-53; Ord. 2004-193. Passed 11-10-04.)

   (a)   A nonconforming use existing at the time of the effective date of this Zoning Code, or any amendment thereto, may be continued.

   (b)   A nonconforming use which is voluntarily discontinued for one year or more, or a building or other structure devoted to a nonconforming use, which is voluntarily or intentionally altered, removed, damaged or destroyed to an extent exceeding 60 percent of its current fair market value, or which is abandoned by an affirmative act manifestly evidencing an intention to discontinue indefinitely such nonconforming use, shall not be altered, restored, rebuilt, replaced or reinstituted, except as a conforming use, building or structure.

   (c)   A building or other structure devoted to a nonconforming use which is involuntarily or accidentally altered, removed, damaged or destroyed is entitled to be altered, restored, rebuilt or replaced to its previous condition and use, upon application to and after review and approved by the Planning and Zoning Commission. Such approval shall be granted unless the Commission shall determine that the applicant is not entitled to the benefits of this section.

   (d)   Except as otherwise provided in this section, nothing shall prevent the strengthening or restoration to a safe and sanitary condition of any part of a building declared unsafe or unsanitary by a public official acting in his or her authorized capacity, nor deny or limit the right or power of the Village at any time to abate or order the removal of any use specifically prohibited or any nonconforming use which constitutes a nuisance per se.

   (e)   A nonconforming use may not be changed unless changed to a higher use. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use. A nonconforming use, if changed to a higher nonconforming use, may not thereafter be changed unless to a still higher use.

   (f)   For the purpose of this Zoning Code, a use shall be deemed to be changed if changed from a use included in a subdivision of a use class to a use not included in such subdivision, and a nonconforming use shall be deemed to be changed to a higher use if the use to which such nonconforming use is changed is a use included in a subdivision of a use class that, in the arrangement of classes and subdivisions in the classification of uses, preceded the subdivision in which such nonconforming use is included.

(Ord. 2004-193. Passed 11-10-04; Ord. 2006-186. Passed 11-8-06.)

   (a)   Development Permitted. Regardless of the size of a lot of record that legally existed as of the effective date of this Zoning Code or any applicable amendment thereto, and subject to the requirements of Section 1250.02(b), such lot may be developed for any use permitted in the district in which the lot is located, provided that where setback, width, open space, density, or other requirements make development impractical, the Board of Zoning and Building Appeals may permit development to occur after granting specific variances.

   (b)   Consolidation Required. If two or more lots or parcels are contiguous, in single and common ownership, and are of record as of the effective date of this Zoning Code, or any applicable amendment thereto, and if all or part of the lots or parcels with no principal structures thereon do not meet the minimum lot area requirements set forth in the applicable district regulations of this Code, then the lands involved shall be considered to be a single, undivided parcel for the purposes of this Code. No portion of such parcel shall be used or sold in a manner that renders compliance with the lot area requirements set forth in this Code less feasible, nor shall any division of any parcel be made that creates a lot with a width or area less than the requirements set forth in this Code.

(Ord. 2004-193. Passed 11-10-04.)