A.

Purposes. This chapter 10 regulates and limits the continued existence of uses, structures, lots, and signs established prior to the effective date of this code that do not conform to the regulations of this code applicable in the zoning districts in which such uses, structures, lots, and signs are located.

The zoning districts established by this code are designed to guide the future use of land within the village by encouraging the development or maintenance of desirable residential, commercial, office, and industrial areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety, and general welfare. The continued existence of nonconformities is frequently inconsistent with the purposes for which such districts are established and thus the gradual elimination of such nonconformities is generally desirable.

B.

General Scope and Scheme of Regulation. Separate restrictions are established for nonconforming uses of land and nonconforming uses of structures designed for a permitted use section 10-2, nonconforming uses of structures not designed for a permitted use section 10-3, nonconforming structures section 10-4, nonconforming lots of record section 10-5, and nonconforming signs section 10-6. The degree of restriction made applicable to each category of nonconformity is generally related to the degree of incompatibility with permitted uses and the amount of investment typically associated with nonconformities of that type. Pursuant to section 11-10 of this code, provision is made for relief from some of the restrictions of this chapter 10 when practical difficulties or a particular hardship exist.

In the cases of nonconforming uses of land, nonconforming uses in structures designed for a permitted use, and nonconforming signs, the degree of incompatibility is frequently great, the investment is comparatively small, and the economic life is short. In these cases, elimination of the nonconformity is required after a relatively short, but reasonable, amortization period. In the case of nonconforming uses in structures not designed for any conforming use, the degree of incompatibility is also frequently great, but so too is the investment and economic life of the structure. In such cases, while eventual elimination is required, a more extended period is allowed in which to amortize the investment. While the regulations of this chapter 10 related to all other nonconformities allow such nonconformities to continue without specific limitation of time, they restrict further investments that would make more permanent their location in inappropriate districts.

C.

Exception for Repairs Pursuant to Public Order. Nothing in this chapter 10 shall be deemed to prevent the strengthening or restoration to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, provided such restoration is not otherwise in violation of the various provisions of this chapter 10 prohibiting the repair or restoration of partially damaged or destroyed structures or signs.

D.

Nonconforming Accessory Uses and Structures. No use, structure, or sign that is accessory to a principal nonconforming use or structure may continue after the principal use or structure has been terminated, unless it thereafter conforms to all the regulations of the zoning district in which it is located.

A.

Authority to Continue. Except as provided in subsection I of this section, any lawfully existing nonconforming use not involving the use of a structure, or involving only a structure that is accessory to a nonconforming use of land, or located in a structure designed for a use permitted in the district in which it is located may be continued so long as it remains otherwise lawful, subject to the regulations contained in subsections B through H of this section and in subsections D and E of section 10-1 of this code.

B.

Ordinary Repair and Maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring, or plumbing, may be performed on any structure that is accessory to a nonconforming use of land or that is designed for a permitted use but devoted in whole or in part to a nonconforming use; provided, however, that this subsection shall not be deemed to authorize any violation of subsections C through I of this section.

C.

Structural Alteration. No structure that is accessory to a nonconforming use of land or that is designed for a permitted use and devoted in whole or in part to a nonconforming use shall be structurally altered unless the use thereof shall thereafter conform to the use regulations of the zoning district in which it is located. No such alteration shall create a new parking, bulk, yard, or space nonconformity or increase the degree of any existing parking, bulk, yard, or space nonconformity of such structure. In determining whether a parking nonconformity has been created or increased, the provisions of section 9-1 of this code shall control.

D.

Enlargement of Structure. No structure that is accessory to a nonconforming use of land or that is designed for a permitted use and devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, including the interior addition of floor area, unless the use of such structure shall thereafter conform to the use regulations of the district in which it is located. No such enlargement shall create any new parking, bulk, yard, or space nonconformity or increase the degree of any existing parking, bulk, yard, or space nonconformity of such structure. In determining whether a parking nonconformity has been created or increased, the provisions of section 9-1 of this code shall control.

E.

Extension of Use. A nonconforming use of land or of a structure that is accessory to a nonconforming use of land or a nonconforming use in a structure designed for a permitted use shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activity shall include, without being limited to:

1.

An extension of such use, including its accessory uses, to any structure or land area other than that occupied by such nonconforming use on the effective date of this code or any amendment hereto that causes such use to become nonconforming; and

2.

An extension of such use, including its accessory uses, within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this code or any amendment hereto that causes such use to become nonconforming; and

3.

An extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this code or any amendment hereto that causes such use to become nonconforming.

F.

Moving. No structure that is accessory to a nonconforming use of land or that is designed for a permitted use and devoted in whole or in part to a nonconforming use shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved. No nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

G.

Change in Use. A nonconforming use of land not involving a structure or involving only a structure that is accessory to the nonconforming use of land or a nonconforming use in a structure designed for a use permitted in the district in which it is located shall not be changed to any use other than a use permitted in the zoning district in which the use or structure is located. When such a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any nonpermitted use. For purposes of this subsection G., a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a permitted use shall have commenced and continued for a period of five days. Any change of use in violation of this subsection shall be deemed to be an abandonment of the lawfully existing nonconforming use.

H.

Damage or Destruction. Any structure that is accessory to a nonconforming use of land or that is designed for a permitted use and devoted in whole or in part to a nonconforming use and that is damaged or destroyed, by any means, to the extent of more than 50 percent of the cost of replacement of such structure new shall not be restored unless the use of such structure shall thereafter conform to the use regulations of the zoning district in which it is located and unless such restoration is accomplished without creating any new parking, bulk, yard, or space nonconformity or increasing the degree of any parking, bulk, yard, or space nonconformity existing prior to such damage or destruction. In determining whether a parking nonconformity has been created or increased, the provisions of section 9-1 of this code shall control.

When any such structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of not more than 50 percent of the cost of replacement of the structure new, repair or restoration of such structure may be made and the nonconforming use may continue subject to the regulations of this section 10-2; provided, however, that no repairs or restorations shall be made that would create any new parking, bulk, yard, or space nonconformity or increase the degree of any parking, bulk, yard, or space nonconformity existing prior to such damage or destruction, nor shall any repairs or restoration except in conformity with the applicable zoning district regulations be made unless restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion. In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with subsections B, C, and D of this section.

I.

Termination by Abandonment. When a nonconforming use of land not involving a structure or involving only a structure that is accessory to the nonconforming use of land or when a nonconforming use of part or all of a structure that was designed for a use that is permitted in the zoning district in which such structure is located is discontinued or abandoned for a period of six consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such land or structure is located.

Any period of such discontinuance caused by government action, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this paragraph.

A.

Authority to Continue. Except as provided in subsection I of this section, any lawfully existing nonconforming use located in a structure not designed or intended, in whole or in part, for a use permitted in the district in which it is located may be continued so long as it remains otherwise lawful, subject to the regulations contained in subsections B through H of this section and in subsections D and E of section 1 of this code.

B.

Ordinary Repair and Maintenance. Normal maintenance and incidental repair or replacement, and installation or relocation of non-bearing walls, non-bearing partitions, fixtures, wiring, or plumbing, may be performed on any structure devoted in whole or in part to a nonconforming use and not designed or intended, in whole or in part, for a use permitted in the district in which such structure is located; provided, however, that this subsection shall not be deemed to authorize any violation of subsections C through I of this section.

C.

Structural Alteration. No structure devoted in whole or in part to a nonconforming use and not designed or intended, in whole or in part, for a use permitted in the district in which such structure is located shall be structurally altered unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. No such alteration shall create a new parking, bulk, yard, or space nonconformity or increase the degree of any existing parking, bulk, yard, or space nonconformity of such structure. In determining whether a parking nonconformity has been created or increased, the provisions of section 9-1 of this code shall control.

D.

Enlargement of Structure. No structure devoted in whole or in part to a nonconforming use and not designed or intended, in whole or in part, for a use permitted in the district in which such structure is located shall be enlarged or added to in any manner, including the interior addition of floor area, unless the entire structure and the use thereof shall thereafter conform to all the regulations of the district in which it is located. No such alteration shall create a new parking, bulk, yard, or space nonconformity or increase the degree of any existing parking, bulk, yard, or space nonconformity of such structure. In determining whether a parking nonconformity has been created or increased, the provisions of section 9-1 of this code shall control.

E.

Extension of Use.

1.

Prohibited Extensions. A nonconforming use in a structure not designed or intended, in whole or in part, for a use permitted in the district in which such structure is located shall not be extended, expanded, enlarged, or increased in intensity by:

a.

An extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of this code or any amendment to it that causes such use to become nonconforming; or

b.

An extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this code or any amendment to it that causes such use to become nonconforming.

2.

Permitted Extensions. A nonconforming use in a structure not designed or intended, in whole or in part, for a use permitted in the district in which such structure is located may be extended throughout any part of such structure designed for such nonconforming use and not for any use permitted in the district and lawfully existing on the effective date of this code or any amendment to it that causes such use to become nonconforming; provided, however, that such extension shall not be allowed unless off-street parking spaces required for such extension can be, and are, provided in accordance with the requirements and restrictions of section 9-1 of this code. No such extension shall be deemed to affect the duty to terminate such use pursuant to subsection I. of this section.

F.

Moving. No structure devoted in whole or in part to a nonconforming use and not designed or intended, in whole or in part, for a use permitted in the district in which such structure is located shall be moved, in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

G.

Change in Use. A nonconforming use in a structure not designed or intended in whole or in part for a use permitted in the district in which such structure is located shall not be changed to any use other than a use permitted in the zoning district in which the structure is located. When a nonconforming use has been changed to a permitted use of the subject zoning district, it shall not thereafter be changed to any use other than a use permitted in the subject district. For purposes of this subsection G, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a permitted use of the subject district shall have commenced and continued for a period of five days. Any change of use in violation of this subsection shall be deemed to be an abandonment of the lawfully existing nonconforming use.

H.

Damage or Destruction. Any structure devoted in whole or in part to a nonconforming use and not designed or intended, in whole or in part, for a use permitted in the district in which such structure is located that is damaged or destroyed, by any means, to the extent of more than 50 percent of the cost of replacement of such structure new shall not be restored unless the entire structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located and unless such restoration is accomplished without creating any new parking, bulk, yard, or space nonconformity or increasing the degree of any existing parking, bulk, yard, or space nonconformity of such structure existing prior to such damage or destruction. In determining whether a parking nonconformity has been created or increased, the provisions of section 9-1 of this code shall control.

When any such structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of not more than 50 percent of the cost of replacement of the structure new, repair or restoration of such structure may be made and the nonconforming use may continue subject to the regulations of this section 10-3; provided, however, that no repairs or restorations shall be made that would create any new parking, bulk, yard, or space nonconformity or increase the degree of any parking, bulk, yard, or space nonconformity of such structure existing prior to such damage or destruction nor shall any repairs or restoration except in conformity with the applicable zoning district regulations be made unless restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.

In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with subsections B, C, and D of this section.

I.

Termination by Abandonment. When a nonconforming use of a part or all of a structure that was not designed or intended in whole or in part for a use permitted in the zoning district in which such structure is located is discontinued or abandoned for a period of twelve consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be re-established or resumed. Any subsequent use or occupancy of such structure shall comply with the use regulations of the district in which such structure is located.

Any period of such discontinuance caused by government actions, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this paragraph.

A.

Authority to Continue. Any nonconforming structure, other than a sign, that is devoted to a use that is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in subsections B through D of this section and subsection D of section 1 of this code.

B.

Repair, Maintenance, Alterations, and Enlargement. Any nonconforming structure, other than a sign, may be repaired, maintained, altered, or enlarged; provided, however, that no such repair, maintenance, alteration, or enlargement shall either create any new nonconformity or increase the degree of the existing nonconformity of all or any part of such structure.

C.

Moving. No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being so moved.

D.

Damage or Destruction.

1.

Not within the Control of the Owner. Any nonconforming structure, other than a sign, that is damaged or destroyed, by any means not within the control of the owner thereof, to any extent, may be repaired, restored, or replaced; provided, however, that no repair, restoration, or replacement shall be made that would create any new nonconformity not existing prior to such damage or destruction nor shall any repair, restoration, or replacement except in conformity with the applicable district regulations be made unless the repair, restoration, or replacement is actually begun within one year after the date of such damage or destruction and is diligently pursued to completion.

2.

Within the Control of the Owner. In no event shall any damage or destruction to a nonconforming structure by means within the control of the owner be repaired, restored, or replaced except in accordance with subsection B of this section; provided, however, that a nonconforming structure as defined in paragraph 2 of the definition of nonconforming structure that is damaged or destroyed by means within the control of the owner may be repaired, restored, or replaced in the following circumstances:

a.

If damaged or destroyed to the extent of 50 percent or less of the gross floor area of such structure, such repair, restoration, or replacement shall not create any new nonconformity not existing prior to such damage or destruction; or

b.

If damaged or destroyed to the extent of more than 50 percent of the gross floor area of such structure, such nonconforming structure shall only be repaired, restored, or replaced in conformity with all applicable district regulations except for lot area.

A.

Definition. A legal nonconforming lot of record is a lot that:

1.

Is shown by a recorded plat or deed to have been a lot of record owned separately or individually from adjoining tracts of land at a time when the creation of a lot of such size, depth, and width at such location would not have been prohibited by any zoning or other ordinance or regulation; and

2.

Has remained in separate or individual ownership from such adjoining tracts of land continuously during the entire time since such lot became nonconforming by reason of this code or any predecessor zoning or other ordinance or regulation. For purposes of this section, a lot shall not be deemed to have been owned separately or individually unless the owner of such lot did not, directly or indirectly, have legal title to or a beneficial interest in the adjoining tracts of land at any relevant time.

B.

Authority to Use. In any zoning district, a legal nonconforming lot of record may be used for any use permitted in the district in which it is located if, but only if:

1.

The lot has a total lot area of at least 75 percent of the minimum lot area required in the district in which said lot is located; and

2.

The development of the lot meets all other requirements of this code, including the floor area ratio and yard requirements of the district in which said lot is located.

C.

Contiguous Nonconforming Lots. Where two or more lots of record or combination of lots and portions of lots of record with continuous frontage are developed as a single zoning lot under single ownership or unified control, are of record at the time of passage or amendment of this code, and where all or part of the lots do not meet the requirements established for lot widths and area, the lots involved shall be considered to be a single zoning lot for the purpose of this code. No portion of the zoning lot shall be used or sold which would diminish compliance with the lot width and area requirements established by this code for the district in which the lots are located, and no building permit shall be issued for development on any such nonconforming lot.

A.

Authority to Continue. Except as provided in subsection F, any lawfully existing nonconforming sign may be continued so long as it otherwise remains lawful, subject to the regulations contained in subsections B through E of this section and in subsections C and D of section 1 of this code.

B.

Ordinary Repair and Maintenance. Normal maintenance and incidental repair or replacement of non-bearing sign elements and electrical wiring and fixtures may be performed on any sign; provided, however, that any repair or replacement shall, whenever possible, eliminate or reduce any nonconformity in the element being repaired or replaced and provided further, however, that this subsection B shall not be deemed to authorize any violation of subsections C through F of this section.

C.

Alteration; Enlargement; Moving. No nonconforming sign shall be changed or altered in any manner that would increase the degree of its nonconformity, be enlarged or expanded, be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming.

D.

Change of Sign. A nonconforming sign that has been changed to eliminate its nonconformity or any element of its nonconformity shall not thereafter be changed to restore such nonconformity or nonconforming element.

E.

Damage or Destruction. Any nonconforming sign, or any nonconforming element of a sign capable of change or discontinuance separate from other elements of the sign, damaged or destroyed by any means to the extent of 35 percent or more of its replacement cost new shall not be restored but shall be removed or brought into conformity with the provisions of this code.

F.

Termination of Certain Signs.

1.

Immediate Termination. The following nonconforming signs or sign features shall be terminated within 30 days after the effective date of this code by removal of the sign or by alteration of the sign to eliminate the specified feature:

a.

Any sign that advertises, identifies, or pertains to a business no longer conducted, or a product no longer sold, on the premises where such sign is located.

b.

Any sign on a tree or utility pole, whether on public or private property.

c.

Any sign on public property, except governmental signs or signs authorized by this code.

d.

Any sign constructed or erected without a valid permit.

2.

Termination by Abandonment. Any nonconforming sign the use of which is discontinued for a period of 30 consecutive days, regardless of any intent to resume or not to abandon such use, shall be deemed to be abandoned and shall not thereafter be re-established or resumed. Every such sign shall be immediately removed or brought into conformity with the provisions of this code. Any period of such discontinuance caused by government actions, strikes, material shortages, or acts of God, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this paragraph.

3.

Termination by Change of Business. Any nonconforming sign advertising, identifying, or pertaining to a business on the premises on which it is located shall be terminated upon any change in the ownership or control of such business.