The lawful use of a building or parcel of land existing at the time of the adoption of this Zoning Code may be continued, although such use of a building or parcel of land does not conform to the provisions hereof, provided no structural alterations are made other than those ordered by an authorized public officer to assure the safety of the building or structure and provided further, that such extension does not displace any residence use in a residence district. A nonconforming use may be extended, changed, or enlarged in accordance with the provisions found in this chapter.

(Ord. 01-014. Passed 7-17-01.)

   In any Residential District, notwithstanding limitations imposed by other provisions of this Zoning Code, a single-family dwelling may be erected on any single lot of record not less than 66 feet in width, existing at the effective date of the adoption or amendment of this Code, provided that yard requirements of the lot shall conform to the regulations for the district in which such lot is located. A variance shall not be required for a permit unless yard requirements are to be altered.

(Ord. 01-014. Passed 7-17-01.)

   Any change in the use of a building or lot from a nonconforming use to another nonconforming use shall require approval by the Board of Zoning and Building Appeals, who shall review the particular facts and circumstances of each change in a nonconforming use application in terms of the following standards:

   (a)   Required Information. Adequate evidence shall be required which shows that the following statements are true when considering changes to a nonconforming use:

      (1)   If the change is a nonconforming use, then the proposed nonconforming use shall have the same or less impact on the existing district when compared to the previous nonconforming use.

      (2)   The proposed nonconforming use will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed nonconforming use or building shall be able to provide adequately any such services.

      (3)   The proposed nonconforming use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

      (4)   The proposed nonconforming use will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, flashing lights, or odors.

      (5)   The proposed nonconforming use will have vehicular approaches to the property which shall be designed so as not to create an interference with traffic on surrounding public streets or roads.

      (6)   The proposed nonconforming use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.

      (7)   Whenever a nonconforming use of a building or land has been changed to a more restricted use, or to a conforming use, such use shall not thereafter be changed to a less restricted use.

   (b)   Application for Change in Nonconforming Use or Building. An application for a change in a nonconforming use or building shall be filed with the Responsible Authority by at least one owner or lessee of property for which such change is proposed. At a minimum, the application shall contain the following information:

      (1)   Name, address, phone number, and fax number of applicants.

      (2)   Legal description of property.

      (3)   Description of the existing nonconforming feature/use of the property.

      (4)   Present zoning district.

      (5)   Description of the proposed change to the nonconforming feature/use of the property.

      (6)   A plan of the property showing the location of buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the Board may require to determine.

      (7)   If the change is a nonconforming building or is an extension or enlargement of the nonconforming use, then the applicant must demonstrate that he or she would suffer undue hardship by not being able to expand the building as requested in the application. The applicant must also demonstrate that other sites were sought after and/or considered, and shall prepare a statement why another site, in which a new building could be constructed, or in which the use proposed could conform, was not a feasible alternative.

      (8)   Such other information as may be required.

      (9)   Names and addresses of all owners of record of abutting parcels.

(Ord. 01-014. Passed 7-17-01.)

   In granting a nonconforming use, extension or addition to any building or property, the Board of Zoning and Building Appeals may prescribe appropriate other conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the nonconforming use or extension is granted, shall be deemed a violation of this Zoning Code and punishable as allowed in Section 1242.13. Supplementary conditions may include:

   (a)   Limits on the amount of time that the nonconforming use will be permitted.

   (b)   The construction of barriers/buffers (such as fences) or screening.

(Ord. 01-014. Passed 7-17-01.)

   (a)   Public Hearing. The Board of Zoning and Building Appeals shall hold a public hearing at the next regularly scheduled meeting after providing general notice according to Section 1246.12 and notice to parties of interest according to division (b) of this section.

   (b)   Notice to Parties of Interest.

      (1)   Newspaper. Before holding the public hearing, notice of such hearing shall be given in one or more newspapers of general circulation of the Village at least ten days before the date of such hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed change in the nonconforming use or building.

      (2)   Written notice. Before holding the public hearing, written notice of such hearing shall be mailed by the Responsible Authority, by first- class mail, at least ten days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notices published in newspapers as specified in this chapter.

(Ord. 01-014. Passed 7-17-01.)

   A decision by the Board of Zoning and Building Appeals on an application for change in a nonconforming use shall be in accordance with Section 1246.14.

(Ord. 01-014. Passed 7-17-01.)

   A change permit for a nonconforming use or building shall be deemed to authorize only what is specifically permitted by the Board of Zoning and Building Appeals. If changes as permitted to the nonconforming use or building are not made within six months, the permit shall expire without notice.

(Ord. 01-014. Passed 7-17-01.)

   If any nonconforming use of any land is discontinued or abandoned for any reason for a period of one year, such use of the land shall conform to the regulations specified by this Zoning Code for the district in which such land is located. Whenever a nonconforming use of a building or portion thereof has been discontinued for a period of at least two years, such nonconforming use shall not thereafter be reestablished, and the future use shall be in conformity with the provisions of this Zoning Code.

(Ord. 01-014. Passed 7-17-01.)

   A nonconforming building or use not shall be enlarged, increased, or extended to occupy a greater area of building or land than was occupied at the effective date of the adoption or subsequent amendment of this Zoning Code, unless the Board of Zoning and Building Appeals approves such change to the nonconforming use or building. The nonconforming use shall not be increased by more than 10%. No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel of land occupied at the effective date of adoption or amendment of this Code, unless the Board of Zoning and Building Appeals approves such change in accordance with procedures in Chapter 1246.

(Ord. 01-014. Passed 7-17-01.)

   Any nonconforming building or structure damaged by fire, explosion, act of God, or act of the public enemy may be reconstructed in size, but such restoration and extension shall not exceed an increase of 10% percent in the cubical contents of the original damaged nonconforming use and such restoration shall be started within one year from the time the building is damaged. Provided such calamity does not result in the building or structure being damaged to the extent of more than 50% of its reproduction cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Code, unless the Board of Zoning and Building Appeals approves the reconstruction in accordance with procedures in Chapter 1246.

(Ord. 01-014. Passed 7-17-01.)