The intent of this chapter is to provide for the continuation and, within a suitable period of time, elimination of existing uses of property that do not conform to the requirements of this title or that may not conform to future amendments hereto. The provisions herein are designed to accomplish this intent in a way that:

   A.   Minimizes the nuisance, reduction in neighboring property values, and other adverse effects of properties that do not conform to their environs.

   B.   Allows the property owner or lessee to recover all or a substantial part of his investment in the nonconformity, while also minimizing the time period during which, by virtue of the nonconformity, he or she enjoys a special right not available to other property owners in the same zoning district. (Ord. 99-02, 1-7-1999)

   A.   A "nonconformity" is any characteristic of a building, structure, or lot or parcel of land, or of the use thereof, which was lawful prior to the effective date hereof or any amendment hereto and that does not conform to the requirements applicable to the zoning district in which it is located. The lawful issuance of a building permit prior to the dates specified above shall be considered to establish the lawfulness of any building or structure.

   B.   There are two (2) categories of nonconformities:

      1.   Use Nonconformities: A use nonconformity may apply to either a principal use or an accessory use. There are two (2) categories of use nonconformities:

         a.   Activities Nonconformities:

            (1)   Any activities or functions carried on at a premises that are not allowed by the permitted and conditional uses of the zoning district in which the premises is situated, irrespective of the use for which the premises was designed.

            (2)   The use of a dwelling now located in a residence district as the site of a previously legal business is an example of an activity nonconformity.

         b.   Design Nonconformities:

            (1)   The design or intended use of all or substantially all of a premises for any use not allowed by the permitted and conditional uses of the zoning district in which it is located, irrespective of the nature of the activities currently carried on at that premises.

            (2)   A previously legal premises now located in a residence district that was designed and intended as an automobile service station or an open sales lot would be an example of a design nonconformity, even if no service station or sales business was currently operated on the premises.

      2.   Standards Nonconformities:

         a.   All other nonconformities with the requirements of this title, including nonconformities involving:

            (1)   Yards.

            (2)   Building height.

            (3)   Lot area or lot area per dwelling unit.

            (4)   Lot width.

            (5)   Floor area ratio.

            (6)   Size of business.

            (7)   Off street parking and loading.

            (8)   Signs.

            (9)   Buffer planting strips.

            (10)   Screening.

         b.   An undeveloped lot not meeting the minimum width required by its zoning district, or an otherwise conforming business with a sign that does not meet a requirement of the sign regulations would be examples of standards nonconformities. (Ord. 99-02, 1-7-1999)

   A.   If a structure with a nonconformity is damaged to the extent that the cost of restoration to its previous condition exceeds fifty percent (50%) of the replacement cost, as defined herein, any new construction or reconstruction must comply with all zoning district regulations.

   B.   The replacement cost shall be computed as the unequalized assessed valuation for property tax purposes of improvements only (excluding the valuation of the land) immediately prior to the occurrence of the damage, divided by the assessment ratio of assessed value to true value expressed as a decimal.

   C.   The existing nonconformity may be reestablished; provided only, that restoration of damage amounting to fifty percent (50%) or less of replacement cost is started within one year and completed within two (2) years from the date the damage occurred. The village may grant an extension of the two (2) year period if restoration work has been diligently prosecuted and completion within said period is impossible owing to conditions not the fault of the property owner. (Ord. 99-02, 1-7-1999)

   A.   Activity Or Design Nonconformity: No addition, enlargement, or "structural alteration", as defined in section 11-2-2 of this title, shall be made to any structure having a design or activity nonconformity without the elimination of all such nonconformity.

   B.   Standards Nonconformity: No addition, enlargement, or "structural alteration", as defined in section 11-2-2 of this title, shall be made to any structure having a standards nonconformity without both:

      1.   The conformance of any new addition or enlargement portion of the structure to all requirements of the zoning district; and

      2.   The elimination, in whole or in part, to the extent the zoning administrator determines physically and economically feasible, of standards nonconformities existing on the property before the addition or enlargement, particularly where such nonconformities can be reduced or eliminated without relocation of structures, acquisition of additional land, or expenditures disproportionate to the cost of the enlargement. (Ord. 99-02, 1-7-1999)

   A.   Within Structures:

      1.   Activity Or Design Nonconformity: Expansion of activities within a structure having an activity or design nonconformity, or both, is permitted only under one of the following conditions:

         a.   The structure has a design nonconformity, and the expansion involves no "structural alteration", as defined in section 11-2-2 of this title.

         b.   The property is made conforming to all applicable provisions of this title.

      2.   Standards Nonconformity: Expansion within a structure having a standards nonconformity is permitted conditioned upon the elimination, in whole or in part, to the extent the zoning administrator determines physically and economically feasible, of standards nonconformities existing on the property before expansion, particularly where such nonconformities can be reduced or eliminated without relocation of structures, acquisition of additional land, or expenditures disproportionate to the cost of expansion.

   B.   Expansion Of Land Use: Expansion of the use of land having any nonconformity, whether involving a principal or accessory use, is permitted beyond the land area presently occupied; provided only, that the property is made conforming to all applicable provisions of this title. (Ord. 99-02, 1-7-1999)

No structure with any nonconformity shall be moved, in whole or in part, to any other location on the same or any other lot unless in the new location, it will conform to all regulations of the applicable zoning district. (Ord. 99-02, 1-7-1999)

Conditional uses approved by the village shall not be considered to have use nonconformities but shall require an additional conditional use permit for any alteration, enlargement, or extension. (Ord. 99-02, 1-7-1999)

The casual, intermittent, or temporary use of land or structures shall not be sufficient to establish the existence of a nonconformity. (Ord. 99-02, 1-7-1999)

No nonconforming activity may be changed to another nonconforming activity. (Ord. 99-02, 1-7-1999)

If a nonconforming activity is discontinued for a continuous period of one hundred eighty (180) days, any subsequent activity on the same property shall conform to the permitted and conditional use regulations of the applicable zoning district. (Ord. 99-02, 1-7-1999)

   A.   General Requirements:

      1.   All nonconformities shall be removed or the uses altered to eliminate, as applicable, the nonconformity within the amortization periods specified, subsections B, C and D of this section.

      2.   The amortization periods therein were determined based on:

         a.   The degree of nuisance or other adverse effects each type of nonconformity creates.

         b.   The size of the investment in the feature that creates the nonconformity and the relative ease and expense with which the nonconformity may be eliminated.

         c.   The accelerated cost recovery system adopted in 1981 by the U.S. internal revenue service, which provides for a fifteen (15) year period during which investors in real property may recover the costs of their investment.

      3.   The following types of nonconformities shall not be subject to the amortization provisions herein:

         a.   Standards nonconformities, as defined in subsection 11-7-2B2 of this chapter.

         b.   Design nonconformities of dwelling units.

         c.   Nonconformities of uses that are located in a commercial or office district and are a permitted or conditional use in any commercial or office district.

   B.   Administration:

      1.   A certificate of nonconformance and amortization schedule shall be required for the continuation of all nonconformities created by this title or any amendment hereto.

      2.   When the village zoning administrator determines that a property has any nonconformity, he or she shall notify the owner or lessee thereof, in writing, of such nonconformity and of the regulations applicable thereto.

      3.   Following receipt of the notice, the owner or lessee shall file with the zoning administrator, within three (3) months of the date thereof, either evidence that the property is not nonconforming or a completed application for a certificate of nonconformance and amortization schedule.

      4.   The application shall require the applicant to submit information as required by the zoning administrator to determine the applicable amortization period for the nonconformity. Upon timely receipt of a complete and accurate application therefor, the zoning administrator shall, within five (5) working days, issue a certificate of nonconformance and amortization schedule for the nonconforming property.

      5.   Failure to apply for a certificate of nonconformance and amortization schedule within three (3) months of the notice provided in this subsection will require the amortization of the nonconformance within six (6) months of the notice provided herein.

      6.   Nonconforming uses that have obtained a certificate of nonconformance and amortization schedule from the zoning administrator shall be discontinued within the amortization period specified in subsection C of this section for said use.

   C.   Amortization Periods Established:

 

Note:

   1.   Value refers to value of improvements only.

Standards nonconformities are not amortized.

Value is unequalized assessed valuation for property tax purposes on the date of passage of the ordinance or the amendment that created the nonconformity divided by the assessment ratio, expressed as a decimal, of assessed value to true value.

All amortization periods start from the date of the notice from the zoning administrator to the property owner or lessee that a nonconformity exists.