(a)

Intent. It is the intent of this article to recognize that the eventual elimination, as expeditiously as is reasonable, of existing uses or structures that are not in conformity with the provisions of this article serves the public health, safety and welfare, as well as the prevention of the establishment of new uses that would violate the provisions of this article. Additionally, it is the intent of this article that any elimination of nonconforming uses or nonconforming structures shall not unlawfully interfere with vested private property rights.

(b)

Continuation of nonconforming situations. Unless otherwise specifically provided in this article and subject to the restrictions and qualifications set forth in subsections (d) through (g) of this section, nonconforming situations that were otherwise lawful under the village zoning regulations in effect on the date of the commencement of the use or completion of substantial construction of the structure or other lawful vesting of the owner's property rights, may be continued.

(c)

Nonconforming lots. When a nonconforming, undeveloped, lawfully created lot of record, or a developed lot of record upon which a legal existing structure has been more than 50 percent destroyed in accordance with subsection (g) of this section, the nonconforming lot can be used as if it were conforming for any permitted use specified for the district in which such lot is located provided it is in conformity with all of the dimensional regulations applicable to the intended use, except that the lot is smaller than the required lot width and lot area set forth in this article for the particular zoning district.

(d)

Extension or enlargement of nonconforming situations.

(1)

Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of any new structure on open land is unlawful if such activity results in:

a.

An increase in the total amount of space devoted to a nonconforming use; or

b.

Greater nonconformity with respect to dimensional nonconformity and restrictions, such as, but not limited to, setback requirements, height limitations, or density requirements or other requirements such as parking requirements.

(2)

Subject to subsection (d)(4) of this section, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this article, was manifestly designed or arranged to accommodate such use. However, a nonconforming use may not be extended to additional buildings or to land outside the original building.

(3)

A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming.

(4)

The volume, intensity or frequency of use of property, where a nonconforming situation exists, may be increased, and the equipment or processes used at a location where a nonconforming situation exists, may be changed, if these or similar changes only amount to changes in the degree of activity rather than changes in the kind of activity and that no violations of other subsections of this section occur.

(5)

The construction of a private garage on a lot where a nonconforming single-family residential use exists is not considered an extension or an enlargement of a nonconforming situation. The construction of a private garage is therefore permitted subject to all other requirements of this article.

(e)

Reconstruction, repair, or restoration of damaged nonconforming structures.

(1)

Reconstruction of damaged nonconforming structures. Nothing in this article shall prevent the reconstruction and continued use of any nonconforming structure damaged by fire, collapse, explosion, acts of God or act of the public enemy, upon prior application to and permission granted by the zoning board of appeals. Permission shall be granted if the zoning board of appeals finds that the reconstruction is limited to the original footprint of the structure, that the continued use is substantially the same as the previous nonconforming use, and that the continued use will not be detrimental to the health, safety and welfare of the public or surrounding property owners.

(2)

Repair or restoration of nonconforming structures. Nothing in this article shall prevent the repair or restoration of a nonconforming structure or part of it, upon prior application to and approval by the planning and zoning administrator, provided that such repair or restoration does not change the use of said structure or part of it.

(3)

Compliance permit. A zoning compliance permit is required for the reconstruction, repair, or restoration cited in subsections (e)(1) and (2) of this section.

(f)

Change in use of property where a nonconforming situation exists.

(1)

A change in use of property where a nonconforming situation exists that is sufficiently substantial to require a new zoning compliance permit or special use permit may not be made except in accordance with subsections (f)(2) through (4) of this section. This requirement shall not apply to a nonconforming sign.

(2)

If the intended change in use is to a principal use that is permissible in the district where the property is located, and all of the other requirements of this article applicable to that use are met, then approval to make the change must be obtained in the same manner as approval to make the initial use of a vacant lot. Once conformity with this Code is achieved, the property may not revert to its nonconforming status.

(3)

If the intended change in use is to a principal use that is permissible in the district where the property is located, but all of the requirements of this article applicable to that use cannot reasonably be complied with, then the change is permissible if the zoning board of appeals authorizes the change.

(4)

If the intended change in use is to another principal use that is also nonconforming, then the change is permissible if the zoning board of appeals finds the proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for.

(g)

Abandonment and discontinuance of nonconforming situations.

(1)

When a nonconforming use is discontinued for a consecutive period of 180 days or discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only for conforming purposes.

(2)

If the principal activity on property where a dimensional nonconformity exists is discontinued for a consecutive period of 180 days without intent to resume the activity, or discontinued for any period of time without a present intention of resuming that activity, then that property may thereafter be used only in conformity with all of the applicable dimensional regulations being met unless the zoning board of appeals allows the property to be used for this purpose without correcting the nonconforming dimensions. This permit may be issued if the zoning board of appeals finds that the standards of subsection (f) of this section.

(3)

For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use of the required period shall terminate the right to maintain it thereafter.

(4)

When a structure or operation made nonconforming by this article is vacant or discontinued at the effective date of ordinance from which this article is derived, the 180-day period for purposes of this section begins on the effective date of the ordinance from which this article is derived.

(Ord. No. 458, § 706, 3-2-2015; Ord. No. 489, 5-14-2019)