(1)

Within the districts established by this ordinance, or amendments that may later be adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendments.

(2)

Except as explicitly provided in this article, it is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their continuation. Such nonconformities are declared by this ordinance to be incompatible with the district involved. It is further the intent of this ordinance 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.

(Ord. No. 12-75, § 1, 9-11-75; Ord. No. 2020-06, § 27, 9-24-20)

(1)

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. If an existing use was legally permitted on its site prior to changes in the C-MU or C-NB zoning districts in 2020 but is not listed as a permitted use in the new district, that existing use will continue to be deemed a permitted use and will not be subject to the restrictions in this paragraph.

(2)

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened 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 work shall be diligently carried on until completion of the building involved.

(Ord. No. 12-75, § 1, 9-11-75; Ord. No. 2020-06, § 27, 9-24-20)

(1)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that 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. Variance of area, width, or yard requirements shall be obtained only through action of the board of adjustment.

(2)

If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements in this ordinance.

(Ord. No. 12-75, § 1, 9-11-75; Ord. No. 2020-06, § 27, 9-24-20)

Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; unless such use is changed to a use permitted in the district in which such use is located;

(2)

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 ordinance;

(3)

If any such nonconforming use of land ceases for any reason for a period of more than ninety (90) consecutive days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located;

(4)

No additional structure which does not conform to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

(Ord. No. 12-75, § 1, 9-11-75)

(1)

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance 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)

No such structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

(b)

Should such structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at time of destruction, as determined by the village engineer or village building official, it shall not be reconstructed except in conformity with the provisions of this ordinance; and

(c)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

(2)

The provisions set forth in subsection (a) above are subject to the following exceptions:

(a)

If an existing structure was legally permitted on its site prior to changes in the C-MU or C-NB zoning districts in 2020 but could not be built under the standards in the new district, that existing structure will continue to be deemed a lawful structure and will not be subject to the restrictions in paragraphs (1) and (2). Such structure may be expanded laterally and/or vertically without complying with all new requirements for building frontages, build-to zones, and parking lot setbacks, provided the expansion brings the structure considerably closer to the 2020 requirements than the existing structure.

(b)

In the event any residential structure is damaged or destroyed by fire, flood, wind, explosion, act of God or act of a public enemy to an extent of more than fifty (50) percent of its replacement cost at the time of damage or destruction, as determined by the village engineer or village building official, the structure shall be allowed to be replaced, restored or reconstructed in accordance with all validly issued permits and approvals subject to current building code requirements. Any residential structure within a coastal high hazard area or special flood hazard area shall comply with the provisions of chapter 12.5 of the village code. Actual construction to replace, restore or reconstruct the residential structure shall be commenced within two (2) years from the date of damage or destruction or said structure shall revert back to nonconforming status and shall conform to all requirements of this chapter. The property owner may file a request with the board of adjustment for an additional one (1) year extension prior to the expiration of the two (2) year period. The decision of the board of adjustment on an extension request shall be final, subject to judicial review set forth in section 21-21(h) of this code.

(Ord. No. 12-75, § 1, 9-11-75; Ord. No. 2020-06, § 27, 9-24-20; Ord. No. 2022-18, § 3, 10-27-22)

(1)

If a lawful use involving individual structures with a replacement cost of one thousand dollars ($1,000.00) or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

(b)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building;

(c)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;

(d)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located;

(e)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost at time of destruction.

(2)

If an existing use of a structure was legally permitted on its site prior to changes in the C-MU or C-NB zoning districts in 2020 but is not listed as a permitted use in the new district, that existing use will continue to be deemed a permitted use and will not be subject to the restrictions in section 45-65(1)(a)—(c) and 45-65(1)e. Notwithstanding the foregoing, these uses will not be allowed to continue if discontinued or abandoned as defined by 45-65(1)(d).

(3)

Nonconformities not involving the use of a principal structure, e.g., open storage, building supplies, vehicle, mobile home, implement and machinery storage, signs, billboards, junkyards, commercial animal yards and the like, shall be discontinued within two (2) years of the effective date of this ordinance or amendment.

(Ord. No. 12-75, § 1, 9-11-75; Ord. No. 2020-06, § 27, 9-24-20; Ord. No. 2023-06, § 4, 7-13-23)

(1)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten (10) percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased.

(2)

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. No. 12-75, § 1, 9-11-75)

The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of this ordinance unless it complies with the terms of this ordinance.

(Ord. No. 12-75, § 1, 9-11-75)

(Ord. No. 12-75, § 1, 9-11-75)