It is the intent of this Article to permit legal nonconforming lots, structures, or uses to continue until they are removed or terminated, but not to encourage their survival.

13.2.1

Legal Nonconforming: An existing lot, structure, building, sign, development, or use of an existing lot or structure is deemed nonconforming when it fails to conform to one or more of the regulations currently applicable to the zoning district in which the lot, structure, building, sign, development, or use is located, but which was conforming (lawful) prior to the enactment of this Ordinance and became non-conforming on the effective date of adoption of this Ordinance, or an Ordinance text amendment or rezoning.

13.2.2

Legal Nonconforming: The provisions of this Section shall also apply to any existing uses that become nonconforming as a result of zoning district boundary changes.

13.2.3

Illegal Nonconforming: Nonconforming uses of structures or land existing at the effective date of this Ordinance that were established without zoning approval or without a valid building permit, or those nonconforming uses which cannot be proved conclusively as existing prior to the effective date of this Ordinance, shall be declared illegal nonconforming uses and are not entitled to the status and rights accorded legally established nonconforming uses.

13.2.4

Illegal Nonconforming: Lots or parcels which were established after the effective date of this Ordinance and are substandard in area, width, or depth are illegal lots of record and are not entitled to the status and rights accorded legally established nonconforming lots.

13.3.1

Nonconforming lots.

13.3.1.1

In any District permitting residences, a single-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record that was recorded in the office of the County Register of Deeds before the effective date of this Ordinance, or before an amendment to this Ordinance, which made the lot nonconforming, provided such lots meet the requirements of Sections 13.3.1.2 and 13.3.1.3 below. No use of any nonconforming lot of record which was divided after the effective date of this Ordinance shall be permitted which created a lot with a width, depth, or area less than the requirements stated in this Ordinance.

13.3.1.2

Where two or more vacant nonconforming lots were in common ownership on the effective date of this Ordinance, and have remained in common ownership since then, and were contiguous to one another alongside lot lines, such lots shall be considered as a single lot of record for purposes of this Ordinance, and no portion of said parcel shall be used in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall they be transferred or sold except in blocks that equal the original ownership interest, or in a combination of lots that meets the minimum requirements of the District in which they are located.

13.3.1.3

Provided that adequate potable water and proper and safe septic or sewerage disposal can be provided, as determined by the District Health Department, the Zoning Administrator shall permit single lots of record or combinations of single lots of record (those in Section 13.3.1.2 above) that are nonconforming because they are substandard in area, width, or depth to be built on without variances provided the requirements for yards, width, depth, and area is no less than seventy-five (75%) percent of that required by the terms of this Ordinance.

13.3.2

Nonconforming structures. 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 location on the lot, such structure may continue so long as it remains otherwise lawful, subject to the following provisions:

13.3.2.1

No such structure may be enlarged or altered in a way which increases its nonconformity, but the use of a structure and/or the structure itself may be changed or altered to a use permitted in the District in which it is located, provided that all such changes are also in conformance with the requirements of the District in which it is located.

Furthermore, a 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 for adoption or amendment of this Article, but no such use shall be extended to occupy any land outside such building.

13.3.2.2

Should such structure be destroyed by any means it shall not be reconstructed except in conformity with the provisions of this Ordinance, unless it is impractical to do so, in which case it shall be rebuilt on not more than the building footprint at the time of destruction.

13.3.2.3

Should such structure be moved for any reason for any distance whatever on the same or a different lot or parcel, it shall thereafter conform to the regulations for the District in which it is located after it is moved.

13.3.2.4

Any structure, or structure and land in combination, in 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.

13.3.3

Nonconforming uses. 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, such use may be continued in the same manner and to the same extent as it existed when it became nonconforming, and so long as it remains otherwise lawful, subject to the following provisions:

13.3.3.1

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land, nor a greater height, than was occupied at the effective date of adoption or amendment of this Ordinance.

13.3.3.2

Except in the case of gravel extraction operations, existing holes may be worked and enlarged on the land which constituted the lot or parcel on which operations were conducted at the time of becoming nonconforming. However, no new holes shall be established unless a Special Use Permit is obtained pursuant to the procedures of Article 14 and the applicable standards of Article 9.3.3.4.

13.3.3.3

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 Article, nor to any other lot or parcel, unless reestablished in conformance with the requirements of this Ordinance.

13.3.4

Repairs and maintenance. 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 fifty (50) percent of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage of this Ordinance or an amendment to it shall not be increased. Nothing in this Article 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.

13.3.5

Change of tenancy or ownership. A nonconforming building, structure, use, or lot may be sold or a tenant may change with the nonconforming use right intact, provided that the physical dimensions of the nonconforming lot or the use of the nonconforming structure or lot do not result in a change contrary to the requirements of this Article.

13.3.6

Change of status. In the event that any nonconforming use of land or use of a structure is occupied at any time during the nonconforming status by a conforming use, the nonconforming status shall discontinue. Any subsequent use shall conform to the uses permitted in the District in which the premises are located. Vacancy of the property alone does not discontinue nonconforming status.

13.3.7

Elimination of nonconforming uses. Property owners are strongly encouraged to make changes to their property over time, which bring it into conformance with this Ordinance. The Village may eliminate any and all nonconforming uses it deems necessary to advance the public health and safety interests of the citizens of the Village by whatever means are provided by law in such cases.