A.   The purpose of this chapter is to provide for the regulation of nonconforming buildings, structures and uses, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses may be continued.

   B.   The zoning districts established by this title are designed to guide the future use of land within the village by encouraging the development and maintenance of desirable residential, business, office, institutional and industrial areas, as well as to promote and protect the public health, safety, and general welfare. The continued existence of nonconforming uses and structures is frequently inconsistent with the purposes for which such districts are established and thus the gradual elimination of such nonconforming uses and structures is generally desirable. (Ord. 2000-O-005, 2-14-2000)

   A.   This chapter establishes separate restrictions for the following categories of nonconformity:

      1.   Nonconforming uses;

      2.   Nonconforming structures;

      3.   Nonconforming uses of land; and

      4.   Nonconforming lots of record.

   B.   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 9-4-3 of this title, provision is made for relief from some of the restrictions of this chapter when practical difficulties or particular hardship exists. (Ord. 2000-O-005, 2-14-2000)

No accessory use or structure that is devoted to a principal nonconforming use or structure shall continue after such principal nonconforming use or structure has been terminated, unless it shall thereafter conform to all the regulations of the zoning district in which it is located. (Ord. 2000-O-005, 2-14-2000)

The burden of establishing that any nonconformity is lawfully existing under the provisions of this chapter shall, in all cases, be upon the owner of the nonconforming property and not upon the village. (Ord. 2000-O-005, 2-14-2000)

   A.   Authority To Continue: Except as provided in subsection I of this section, any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained herein and in sections 9-5-3 and 9-5-4 of this chapter.

   B.   Ordinary Repair And Maintenance: 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 a nonconforming use; provided, however, that this subsection, shall not be deemed to authorize any violation of this section.

      1.   A building in a residential district containing a nonconforming use may be repaired or altered to improve livable and health conditions, provided no changes or are made that would increase the number of dwelling units or the bulk of the building.

   C.   Structural Alteration: No structure 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.

   D.   Enlargement Of Structure: No structure 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.

   E.   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 in the district in which such structure is located may be extended throughout any part of such structure lawfully existing on the effective date of this title or any amendment thereto that causes such use to become nonconforming; provided, however, that such extension shall not be allowed unless off street parking and loading spaces required for such extension can be, and are, provided in accordance with the requirements and restrictions of chapter 16 of this title. 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 subsection 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 title or any amendment hereto that causes such use to become nonconforming; and

      2.   Except as expressly permitted above, any extension of such use, including its accessory uses, within a building to any portion of floor area that was not occupied by such nonconforming use on the effective date of this title or any amendment thereto that causes such use to become nonconforming; and

      3.   Any extension of the hours of operation of such use beyond the normal hours of operation on the effective date of this title or any amendment thereto that causes such use to become nonconforming.

   F.   Moving: No structure 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.

   G.   Change In Use: No nonconforming use shall be changed to any use other than a use permitted in the zoning district in which the use is located. When such a nonconforming use has been changed to a permitted use, it shall not thereafter be changed back to any nonconforming use. For purposes of this subsection, 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 (5) days. Any change of use in violation of this section 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, or that is accessory to, a nonconforming use that is damaged or destroyed, by any means not within control of the owner, to the extent of more than fifty percent (50%) 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. Such restoration shall not create any new 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 chapter 16 of this title shall control.

   I.   Termination By Discontinuance Or Abandonment: When a nonconforming use is discontinued or abandoned for a period of one year, 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 section. (Ord. 2000-O-005, 2-14-2000)

   A.   Authority To Continue: Any nonconforming structure may be continued so long as it remains otherwise lawful, subject to the restrictions in this section and sections 9-5-3 and 9-5-4 of this chapter.

   B.   Ordinary Repair And Maintenance: 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 nonconforming structure; provided, however, that this subsection, shall not be deemed to authorize any violation of this section.

   C.   Structural Alteration: No nonconforming structure shall be structurally altered unless the structure shall thereafter conform to the regulations of the zoning district in which it is located.

   D.   Enlargement Of Structure: No nonconforming structure shall be enlarged or added to in any manner, including the interior addition of floor area, unless such structure shall thereafter conform to the regulations of the district in which it is located.

   E.   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 all regulations of the zoning district in which it is located after being so moved.

   F.   Damage Or Destruction: Any nonconforming structure that is damaged or destroyed, to the extent of more than fifty percent (50%) of the cost of replacement of such structure new, shall not be restored unless the structure shall thereafter conforms to the regulations of the zoning district in which it is located. Such restoration shall not create any new 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 chapter 16 of this title shall control. (Ord. 2000-O-005, 2-14-2000)

The nonconforming use of land not involving a building or structure, or in connection with a building or structure incidental or accessory thereto, may be continued subject to the following provisions:

   A.   Expansion: A nonconforming use of land shall not be expanded or extended beyond the area it occupies.

   B.   Discontinuance: If a nonconforming use of land is discontinued for a period of one year, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located.

Such change shall be made after a public hearing in conformance with chapter 3 of this title.

   C.   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.

   D.   Change To A Conforming Use: Whenever a nonconforming use of land is changed to or replaced by a conforming use of land, such premises shall not thereafter be used or occupied by a nonconforming use. (Ord. 2000-O-005, 2-14-2000)

   A.   Individual Lots Of Record: An individual lot of record in existence at the time of the adoption of this title which can fulfill at least eighty percent (80%) of the required lot area and at least eighty percent (80%) of the required lot width, may be developed for a use permitted within the zoning district in which the lot is located, provided that it can be developed in full compliance with the yard requirements of this title. Otherwise, an individual lot of record in existence at the time of the adoption of this title, which is unable to meet the requirements of this title as to lot area, lot width and yard requirements can be developed only after a variance is granted by the zoning board of appeals. Any nonconforming lot may continue to be used as a legal nonconforming use or building as provided for in this chapter, in the same manner as used at the time of the adoption of this title. (Ord. 2000-O-005, 2-14-2000)

Any nonconforming building, structure or use may be converted to a permitted "special use" by the granting of a special use permit, as authorized in section 9-4-5 of this title. This conversion may occur only when it is shown that the nonconforming building, structure or use is providing a particular service to the residents of the village, and that the use is not detrimental to the village as a whole or to adjacent properties. (Ord. 2000-O-005, 2-14-2000)

Developments that have obtained preliminary and final approval at the time this title is adopted, may be developed as a legal nonconforming use, lot, or building per the zoning regulations in effect at the time of approval, except for the required yards which shall follow the requirements of this title. However, developments having only preliminary approval prior to the adoption of this title must actively petition for final approval of at least one phase of the project within one year from the date on which preliminary approval was granted, in order to proceed with the development in accordance with the zoning regulations, except as limited above, in effect at the time of preliminary approval. (Ord. 2000-O-005, 2-14-2000)