It is the intent of this zoning code to permit legal nonconforming lots, structures, or uses to continue until they are removed.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   “Grandfather” clause. It is recognized that there exist within the Districts established by this zoning code and its amendments, lots, structures and uses of land and structures which were lawful before this zoning code was passed or amended, which would be prohibited, regulated, or restricted under the terms of this zoning code or future amendments.

   (B)   Non-precedent. Such uses are declared by this zoning code to be incompatible with permitted uses in the Districts involved. It is further the intent of this zoning code that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same District and shall be brought into conformity with this zoning code as soon as practicable.

   (C)   Containment. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this zoning code by attachment of a building or premises, or additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the District involved.

   (D)   Projects at time of code adoption. To avoid undue hardship, nothing in this zoning code shall be deemed to require a change in the plans, construction, or designated use of any building for which a zoning permit was lawfully acquired prior to the effective date of adoption or amendment of this zoning code. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastening each in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work (demolition and construction) shall be diligently carried on until completion of the building involved.

(Ord. O-2019-24, passed 9-9-2019)

   In any District, notwithstanding limitations imposed by other provisions of this zoning code, principal and accessory buildings may be erected on any lot of record which exists at the effective date of this zoning code’s adoption or subsequent. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in this District. However, the yard dimensions and other requirements not involving area or width (or both), of the lot shall conform to the regulations for the District in which such lot is located. Yard requirement variances may be obtained through approval of the Village Planning Commission and acceptance by Village Council.

(Ord. O-2019-24, passed 9-9-2019)

   Where a lawful use of land exists at the effective date of adoption or amendment of this zoning code that is made no longer permissible under the terms of this zoning code as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   (A)   Proportion of nonconformity. No such nonconforming use shall be enlarged or increased after the effective date of adoption or amendment of this zoning code except that the Planning Commission, after written notice to abutting and adjacent property owners, may conditionally approve or deny an extension, or enlargement of a nonconformity as a recommendation to Village Council.

   (B)   Location of nonconformity. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this zoning code, except that the Planning Commission, after written notice to abutting and adjacent property owners, may conditionally approve or deny the relocation of a nonconforming use as a recommendation to Village Council.

   (C)   Extinction of nonconformity. If such nonconforming use of land ceases for any reason for a period of more than two years, the nonconformity is thereafter considered extinct, and any subsequent use of such land shall conform to the regulations specified by this zoning code for the District in which such land is located.

(Ord. O-2019-24, passed 9-9-2019)

   Where a lawful structure exists at the effective date of adoption or amendment of this zoning code that could not be built under the terms of this zoning code by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.

   (A)   Proportion of nonconformity. A nonconforming structure may be enlarged or altered provided the new construction complies with the requirements of this zoning code.

      Example: new work may not increase the nonconformity, such as encroachment into the setbacks.

   (B)   Non-replacement of nonconformity. Should such structure be destroyed by any means to an extent of more than 75% of its actual cash value, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this zoning code. Cash value may be determined by an appraisal or the Hancock County Auditor's value.

   (C)   Location of nonconformity. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the District in which it is located after it is moved. This does not preclude the elevation of structures to comply with the flood damage reduction ordinance. Portions of nonconforming buildings such as porches, attached garages or other appurtenances may be replaced so long as the replacement does not increase the degree of nonconformity of the structure.

   (D)   Additions to nonconforming structures. Additions to nonconforming structures must meet the applicable setbacks with the following exception: Infill construction as noted below will be permitted.

   (E)   Historically significant structures. Residential or commercial structures dating prior to 1955 that are considered contributing to the historic character of the surrounding area may be reestablished or continued. The owners must document the eligibility of the structure using the U.S. Department of Interior Standards and Guidelines and receive a certificate of appropriateness from the appropriate body in order to be eligible for this exclusion.

(Ord. O-2019-24, passed 9-9-2019)

   If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this zoning code that would not be permitted in the District under the terms of this zoning code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.

   (A)   Proportion of nonconformity. The Planning Commission may conditionally approve or deny the expansion, enlargement, or relocation of any nonconforming use of any structure or land, or combination thereof as a recommendation to Village Council, after giving written notice to abutting and adjacent property owners. One-, two-, or three-family uses, devoted to a use not permitted by this zoning code in the District in which it is located, may be enlarged, extended, constructed, reconstructed, moved, or structurally altered by approval of the Planning Commission and Village Council.

   (B)   Confinement. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this zoning code, but no such use shall be extended to occupy any land outside such building, except that the Planning Commission, after written notice to abutting and adjacent property owners, may conditionally approve or deny such an extension as a recommendation to Village Council.

   (C)   Development standards. R-l, R-2, R-3, or R-4 District shall prevail as applicable for any expansion or deconstruction of nonconforming single-family dwelling.

   (D)   Equal or lesser nonconformity. Any nonconforming use of a structure may be changed to another nonconforming use of the same or a more restricted classification as identified using the North American Industry Classification System (NAICS).

   (E)   Extinction of nonconforming use.

      (1)   Replaced by conforming use. Once a nonconforming structure is used for a permitted use it shall thereafter conform to the regulations for the District in which the structure is located, and the nonconforming use may not thereafter be resumed.

      (2)   Discontinued use. When a nonconforming use of a structure is discontinued or ceases to exist for any reason for two years, the structure shall not thereafter be used except in conformance with the regulations of the District in which it is located. Structures occupied by seasonal uses, such as Christmas tree and produce stands, shall be exempt from this provision.

      (3)   Demolition/destruction. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land except when the use is re-established within two years of the removal and demolition and can be built to applicable zoning standards.

(Ord. O-2019-24, passed 9-9-2019)

   Any use for which a special exception is permitted as provided in this zoning code shall not be deemed a nonconforming use in such District.

(Ord. O-2019-24, passed 9-9-2019)

   There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, of structures or of structures and land in combination without the loss of nonconforming status.

(Ord. O-2019-24, passed 9-9-2019)

   There may exist a need to reestablish a nonconforming use for a particular structure, lot, or both for some unforeseen reason. This may be done by petition to Village Council. The request shall be in the form of an application and shall be reviewed by the Planning Commission, and subsequently approved or denied by action of Village Council.

(Ord. O-2019-24, passed 9-9-2019)

   A violation of any provision of this subchapter shall be deemed a violation of this zoning code and subject the violator to enforcement and penalty set forth in §§ 178.260 through 178.268 and 178.999.

(Ord. O-2019-24, passed 9-9-2019)