It is the intent of this title to permit "legal nonconformances", as defined herein, to continue until terminated either by voluntary act or by catastrophic event, and to encourage their conversion to conformance where possible. (Ord. 76-02, 6-23-1976)

   A.   Separate Ownership: A nonconforming recorded lot owned separately and individually from all adjoining tracts of land shall be subject to the following provisions:

      1.   Permitted Uses: A nonconforming recorded lot may be used for a single-family dwelling and accessory uses.

      2.   Yards: All yards shall be the same as set forth for conforming lots for the zoning district in which the lot is located.

      3.   Bulk: All bulk requirements shall be the same as set forth for conforming lots for the zoning district in which the lot is located.

   B.   Common Ownership: Where two (2) or more lots or combinations of lots and portions of lots with continuous frontage and with a combined area of forty thousand (40,000) square feet or less and less than the area prescribed for the zone in which the lots are located are under a common ownership, they shall be considered to be an undivided parcel for the purposes of this section. Lots or parts of lots resulting from the division of such nonconforming lots held in common ownership at the time of or subsequent to the effective date hereof shall not be entitled to zoning certificates or building permits as provided in chapter 11 of this title. The zone, use, and lot requirements of these lots shall be the same as those specified in subsection A of this section.

   C.   Construction, Repair, And Alteration: Construction of new buildings or repair of existing buildings that are being used for permitted uses but are located on nonconforming recorded lots shall be permitted. If any building is damaged or destroyed, it can be rebuilt for its original permitted use to the extent of its original development, or a new building can be constructed for any use to the extent permitted in subsection A of this section. (Ord. 76-02, 6-23-1976)

Any "nonconforming structure" as defined in section 8-2-2 of this title, shall be subject to the following regulations:

   A.   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 or tract, unless the entire structure and use thereof shall thereafter conform to the regulations of the zoning district in which it is located after being so moved.

   B.   Damage Or Destruction: No nonconforming structure that is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of the fair cash value of the structure destroyed, shall 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 structural or parking or loading nonconformity or increasing the degree of any nonconformity existing prior to such damage or destruction. In determining whether a parking or loading nonconformity has been created or increased, the provisions of the parking regulations of this code shall control.

      1.   When any such structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of fifty percent (50%) or less of the fair cash value of the structure so damaged or destroyed, repair or restoration of the structure may be made; provided, however, that no repairs or restorations shall be made that would create any new nonconformity or increase the degree or intensity of any 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 a zoning certificate of compliance is obtained and restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion.

      2.   In no event shall any damage or destruction to such structure by means within the control of the owner thereof be repaired or restored except in accordance with the provisions of this chapter.

   C.   Termination By Discontinuance Or Abandonment: When a nonconforming structure or use of any land is discontinued or abandoned for a period of twelve (12) 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 structure or land shall comply with the use regulations of the zoning district in which such structure or land is located. Any period of such discontinuance caused by government action, strikes, material shortages, or acts of God and which are without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this section.

   D.   Authority To Continue: Any nonconforming structure may be continued so long as it remains otherwise lawful, subject to the regulations, limitations and amortization contained in this chapter.

   E.   Damage Or Destruction: Any nonconforming structure that is damaged or destroyed by any means not within the control of the owner thereof, to any extent. (Ord. 2001-O-03, 2-28-2001)

Any "nonconforming use", as defined in section 8-2-2 of this title, shall be subject to the following regulations:

   A.   No Extension Or Expansion Of Use: No nonconforming use shall be extended, expanded, enlarged or increased in intensity. Such prohibited activity shall include, without being limited to:

      1.   Extension of a nonconforming use to any building or other structure or land area other than one occupied by such use on the effective date hereof (or on the effective date of a subsequent amendment hereto that causes such use to become nonconforming).

      2.   Extension of a nonconforming use within a building or other structure to any portion of the floor area that was not occupied by such use on the effective date hereof (or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming); provided, however, that a nonconforming use may be extended throughout any part of such building or other structure that was lawfully and manifestly designed or arranged for such use on such effective date.

      3.   Operation of a nonconforming use in such manner as to conflict with, or further conflict with if already conflicting on the effective date hereof (or on the effective date of a subsequent amendment thereto that results in such use becoming nonconforming), any performance standards established for the district in which the use is located.

   B.   Extension Or Addition: No extension or addition shall be made to any structure containing a nonconforming use.

   C.   Alterations And Repairs: Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure devoted in whole or in part to, or that is accessory to, a nonconforming use; provided, however, that this section shall not be deemed to authorize any violation of this chapter.

   D.   Structural Alteration: No structure devoted in whole or in part to, or that is accessory 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.

   E.   Enlargement Of Structure: No structure devoted in whole or in part to, or that is accessory 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 zoning district in which it is located.

   F.   Extension Of Use: No nonconforming use shall be extended, expanded, enlarged or increased in intensity except that a nonconforming use located in a structure not designed or intended for any use permitted or specifically permitted in the zoning district in which such structure is located may be extended throughout any part of such structure lawfully existing on the effective date of this code; provided, however, that such extension shall not be allowed unless parking and loading spaces required for such extension can be, and are, provided in accordance with the requirements and restrictions of the parking regulations of this code. No such extension shall be deemed to affect the duty to terminate such use pursuant to this section. The extensions, expansions, enlargements and increases in intensity prohibited by this code shall include, without being limited to:

      1.   Any 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; and

      2.   Except as expressly permitted above, any 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; and

      3.   Any extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this code.

   G.   Change In Use: No nonconforming use shall be changed to any other use other than a use permitted or specially permitted in the zoning district in which the use is located. When such a nonconforming use has been changed to a permitted or specially permitted use, it shall not thereafter be changed back to a nonconforming use. For purposes of this section, a use shall be deemed to have been so changed when an existing nonconforming use shall have been terminated and a permitted or specially permitted use shall have commenced and continued for a period of five (5) days. Any change of use in violation of this section shall be deemed to be an abandonment of the nonconforming use.

   H.   Moving: 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. (Ord. 2001-O-03, 2-28-2001)

Buildings located in a commercial zoning district or in an industrial zoning district which have front yard or corner side yard setbacks that are rendered nonconforming due to changes in abutting public street rights-of-way occurring after May 1, 2020, either through the acquisition by a public entity or through the donation of private roadway easements to a public entity shall be considered to be legal nonconforming buildings in respect to the buildings front yard or corner side yard setbacks. These buildings that have become legal nonconforming due to changes in abutting public street rights-of-way are not exempt from the other provisions in the Village of Green Oaks Zoning Ordinance related to nonconforming uses, other bulk standards and other site condition standards of the zoning district where the subject property is located. (Ord. 2020-O-03, 4-22-2020)