A.

Authority to continue. Any use, structure, lot, site element, or sign that legally existed as a nonconformity as of the effective date of this Ordinance, and any use, structure, lot, site element, or sign that has been made nonconforming as of the effective date of this Ordinance, and any subsequent amendments, may continue subject to the provisions of this Chapter so long as it remains otherwise legal. A use, structure, lot, site element, or sign that is illegal as of the effective date of this Ordinance, remains illegal.

B.

Burden on property owner. The burden of establishing the legality of a nonconformity under the provisions of this Ordinance is the responsibility of the property owner of the nonconforming use, structure, lot, or site element, or the operator of the use.

C.

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.

A.

Expansion. A nonconforming use of a structure or land cannot be expanded or increased in intensity. This includes additions or enlargements of any structure devoted entirely to a nonconforming use, and any expansion to additional floor area or any land area currently not occupied by such nonconforming use or to another structure

B.

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 another use, it 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 Ordinance is deemed an abandonment of the nonconforming use.

C.

Discontinuation or abandonment. If a nonconforming use is discontinued or abandoned for a continuous period of one (1) year, 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 or abandonment for this section.

D.

Damage or destruction.

1.

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.

2.

If the structure containing the nonconforming use is a nonconforming structure, the structure may only be rebuilt, restored, repaired, or reconstructed in accordance with Section 9-16-3.

3.

If a building permit is not obtained within one (1) year of the date of damage or destruction, then the nonconforming use may not be reestablished unless it conforms to all regulations of the zoning district in which it is located, including use. This time period to obtain a building permit may be extended based on evidence showing good reason for the delay.

A.

Maintenance.

1.

Normal maintenance and repair may be performed on any nonconforming structure. Additionally, no repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.

2.

For single-family, two-family, and townhouse dwellings, repair shall not include the replacement or reconstruction of any parking element, such as a driveway, parking space, curb cut, or other impervious parking surface, including gravel, if it does not conform to the requirements of Chapter 11. Nonconforming parking elements are controlled by item E below.

B.

Structural alterations. Structural alterations are permitted only 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 it meets all other dimensional regulations of the district.

C.

Relocation. A nonconforming structure cannot be relocated 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.

D.

Damage or destruction.

1.

Nonresidential, townhouse, and multi-family nonconforming structures. Nonresidential, townhouse, and multi-family nonconforming structures are subject to the following:

a.

In the event that any nonresidential nonconforming structure is damaged or destroyed by an act of god to the extent of fifty (50) percent 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.

b.

When a nonresidential nonconforming structure is damaged or destroyed by an act of god to the extent of less than fifty (50) percent of the replacement value at the time, it may be repaired and reconstructed 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. This time period to obtain a building permit may be extended based on evidence showing good reason for the delay.

c.

The replacement value of the structure is based on: 1) assessed value or an appraisal within the last two (2) years or, if that is not available; 2) the amount for which the structure was insured prior to the date of the damage or destruction; or, 3) an alternative method determined acceptable by the Village.

2.

Nonconforming single-family and two-family structures. If a nonconforming single-family or two-family structure is destroyed or damaged, regardless of the percent of damage, it may be rebuilt to its original condition before such casualty or loss. 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. This provision also applies to any nonconforming single-family and two-family dwelling use in a nonresidential district. This time period to obtain a building permit may be extended based on evidence showing good reason for the delay.

E.

Nonconforming parking element. For single-family, two-family, and townhouse dwellings, parking elements that do not conform to the requirements of Chapter 11, such as a driveway, parking space, curb cut, or other impervious parking surface, including gravel, must be removed prior to the sale, lease, change of use, or the issuance of an occupancy permit.

A.

Use. A nonconforming lot of record may be used for a permitted or special use allowed within the zoning district.

B.

Development. Development of a nonconforming lot of record must meet all applicable dimensional regulations of the district in which it is located with the exception of that lot dimension requirement that renders it nonconforming.

C.

Lot division. No division of a nonconforming lot is permitted that creates a nonconforming lot and/or renders a lot or lots remaining nonconforming.

D.

Common ownership limitation. If two (2) or more lots with contiguous street frontage are held in common ownership that have historically been used as a single development site, and one or more of the lots does not meet the requirements for lot width or lot area as established by this Ordinance, the land is considered to be a single zoning lot for the purposes of this Ordinance. No portion of the lots may be used, transferred, or conveyed if it does not meet the lot width and lot area requirements of this Ordinance. No division of the lot may be made which leaves the remaining lot or lots with lot width or lot area below the minimum requirements of this Ordinance without approval of a variation. No building permit may be issued for the use of any lot or portion of a lot transferred or conveyed in violation of this section.

E.

Building permits. No building permit will be issued for the use of any lot that has been transferred or conveyed in violation of this Chapter.

A.

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 less than fifty (50) percent of its value prior to the damage. A nonconforming permanent sign and sign structure that is damaged or destroyed to the extent of fifty (50) percent or more 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 Zoning Administrator with a repair cost estimate of the damaged sign and an estimate of the cost of a new identical sign.

B.

All temporary nonconforming signs must be removed or brought into conformance within thirty (30) days of the effective date of this Ordinance.

C.

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.

D.

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.

E.

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.

F.

An existing electronic message sign that does not conform to the require illumination standards of Chapter 13 must come into conformance with such standards within thirty (30) days of the effective date of this Ordinance.