It is recognized that there exists within the districts established by this Ordinance and subsequent amendments, lots, structures, and uses of lots and structures which were lawful before this Ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments. It is the intent of this Article to permit such legal non-conformities to remain until they are discontinued or removed, but not to encourage their survival or, where discontinuance or removal is not feasible, to gradually upgrade such non-conformities to conforming status. Non-conformities shall not be enlarged, expanded, or extended, except as provided here, and shall not be used as grounds for adding other structures and uses of lots and structures that are prohibited. Such non-conformities are declared by this Article to be incompatible with permitted uses in the districts involved and prevent the full realization of the goals and objectives of this Ordinance. The standards of this Article are intended to accomplish the following:

A.

Terminate and remove any use, building, accessory structure, or any combination thereof established after the effective date that is in violation of this Zoning Ordinance. Such uses, buildings accessory structures are classified as a nuisance and shall not receive any of the rights, privileges, or protection granted by this Article for legal non-conformities.

B.

Eliminate non-conforming uses that are considered to be incompatible with permitted uses or encourage redevelopment into a more conforming use.

C.

Permit legal non-conforming buildings, structures or uses to remain until they are discontinued or removed.

D.

Support the mixed residential character of the Village's neighborhoods through special provisions relating to non-conforming residential structures.

E.

Encourage gradual upgrading to a more conforming status of site landscaping, parking, paving, signage, or other features of a site which were developed in compliance with the standards at the time of their construction, but which do not meet the site standards of this Zoning Ordinance and its amendments.

F.

Encourage the combination of contiguous non-conforming lots of record to create lots that conform to current standard, are compatible with other lots in the zoning districts, to promote the public health, safety, and welfare, and to eliminate problems associated with the overcrowding of land.

A.

Use of a Non-Conforming Lot. In any district notwithstanding limitations imposed by other provisions of this Ordinance, where an existing lot of record fails to meet the requirements for area or width, or both, that are generally applicable in the district, such lot may be used for the permitted uses of the zoning district, including permitted accessory uses. However, all yard dimensions and other requirements, not involving area or width of the lot, shall conform to the regulations for the district in which such lot is located.

B.

Use of Non-Conforming Lots under Single Ownership. If two (2) or more lots or combinations of lots of record with continuous frontage and in single ownership at the time of passage or amendment of this Ordinance, irrespective of whether all or part of the lots meets the Ordinance requirements, the lands involved shall be considered to be an undivided parcel. No portion of said parcel or lot shall be used or sold that does not meet lot width and area requirements, nor shall any division of the parcel or lot be made which leaves remaining any parcel or lot with width or area below the requirements stated in this Ordinance.

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following limitations.

A.

Increasing Non-Conformity: No such structure may be enlarged or altered in a way that increases its non-conformity. Such structures may be enlarged or altered in a way that does not increase its non-conformity.

B.

Alteration or Modification: Should such structure be altered or modified so as to eliminate, remove, or lessen any or all of its non-conforming characteristics, then such non-conforming characteristics shall not be later reestablished or increased.

C.

Moving a Non-Conforming Structure: Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is removed.

D.

Expansion of a non-conforming residential building: A non-conforming residential building may be expanded into a required side or rear yard in a manner that does not comply with the setback standards with approval from the Zoning Enforcement Officer. The Zoning Enforcement Officer shall utilize the following standards:

1.

The expansion does not extend closer to the lot line than any existing, non-conforming part of the structure;

2.

The addition does not extend beyond the predominant existing building line along the same block;

3.

The addition retains compliance with all other setback, lot coverage, and height requirements;

4.

The addition will meet all minimum building code requirements;

5.

The resultant addition, in terms of dimensions and design, would be compatible with the established character of the neighborhood;

6.

The design of the addition must be compatible with the existing structure and not detract from the appearance of the site;

7.

The expansion of a residential building with a non-conforming yard, not meeting the requirements above, shall be prohibited unless a variance is granted by the Zoning Board of Appeals.

The use of any structure existing and lawful on the effective date of adoption or amendment of this Ordinance may be continued, even though such use does not conform to the provisions of this Ordinance, subject to the following provisions:

A.

Structural Expansion: No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. Increasing the non-conformity may also result in the need for site plan consideration (see Article 8) and thus an attempt to bring the site into greater conformity with the Ordinance.

B.

Expansion of the Use: Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building.

C.

Replacement with a Conforming Use: If a non-conforming use of a structure is terminated and replaced with a new use, such use must be a permitted use and shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use may not thereafter be resumed.

D.

Discontinuance or Termination of Non-Conforming Use of Structure: When a non-conforming use of a structure, is discontinued or ceases to exist for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the structure, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be exempted from this provision.

E.

Moving a Non-Conforming Use: No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Ordinance.

F.

Non-Conforming One-Family Uses:Given the historical development pattern in the Village, one-family residential uses may exist in structures zoned for non-residential use. It is the intent of this Section to allow such uses to continue and be considered conforming uses, provided the standards and procedures outlined herein apply. A non-conforming one-family dwelling and its accessory structures within commercial and office districts may be continued, replaced, repaired, or remodeled if damaged by fire, vandalism, flood, or other force of nature, if approved by the Zoning Board of Appeals. Such approval requires a finding that the resulting building footprint will be the same size or smaller than that of the building before such change. Replacement of such non-conforming one-family building shall commence within one (1) year of the date of damage and work shall be diligently pursued toward completion. Failure to complete replacement or diligently work toward completion or use of the building for a conforming non-residential use for any period of time, shall result in the loss of legal, non-conforming status unless good cause for the delay or temporary change in use is accepted at a hearing before the Zoning Board of Appeals.

G.

Change of Use. If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another non-conforming use of the same or a more restrictive classification provided that the Zoning Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Zoning Board of Appeals may require appropriate conditions and safeguards in accordance with the purpose and intent of this Ordinance. Where a non-conforming use of a structure, land, or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restrictive classification.

The lawful use of any land not involving a building or structure, existing and lawful on the effective date of this ordinance or amendment thereto, may be continued even though such use does not conform to the provisions of this Ordinance or amendments, subject to the following provisions:

A.

Expansions: No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of this Ordinance, or amendment thereto.

B.

Relocations: No such non-conforming use shall be moved to any other portion of the lot occupied by such use on the effective date of this ordinance, or amendments thereto.

C.

Discontinuance or Abandonment: If any such non-conforming use of land, not involving a building or structure, is discontinued or ceases to exist for any reason for a period of more than twelve (12) consecutive months, any subsequent use of such land shall conform to the requirements of this Ordinance.

The following regulations apply to all non-conforming structures and structures devoted to non-conforming uses as regulated by this Article.

A.

Damage and Repairs Less than Half the Value: On any building or structure that is determined to be devoted to a non-conforming use or is itself a non-conforming structure, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing to an extent not exceeding fifty (50%) percent of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this Ordinance shall not be increased.

B.

Damage and Repairs Greater than Half the Value: In the event that any non-conforming structure or structure devoted to a non-conforming use require repairs or maintenance for any reason, and in any manner that exceeds fifty (50%) percent of the assessed value of the structure, such reconstruction or restoration shall be permitted only in conformity with the provisions of the Ordinance. However, when deemed unfeasible and/or impractical, a property owner may seek a variance from the Zoning Board of Appeals, assuming it can also be demonstrated that the original structure was consistent with the established character of the area.

C.

Assessed Value: For the purposes of enforcing the regulations contained in this Article, the assessed value of the structure will be determined by the most recent assessment of the market value of the structure for the purposes of taxation.

D.

On-Going Maintenance: Nothing in this Article shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof to be unsafe by an official charged with protecting the public safety, upon order of such official.

E.

A non-conforming structure, or portion of a structure, or a structure containing a non-conforming use that is physically unsafe or unlawful due to lack of repairs and maintenance, as determined by the Building Official, may be restored to a safe condition. Where enlargement or structural alteration is necessary to allow compliance with health and safety laws or ordinances, the cost of such work shall not exceed twenty-five (25%) percent of the structures fair market value, as determined by the Assessor at the time such work is done.

Any use for which a special land use is permitted as provided in this Ordinance shall not be deemed a non-conforming use, but shall, without further action, be deemed a conforming use in such district.

There may be a change of tenancy, ownership, or management of any existing non-conforming structures or use of structures and land in combination.