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Orfordville Village
City Zoning Code

ARTICLE V

Nonconforming Buildings, Structures and Uses

§ 320-36 Purpose.

The purpose of this article 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 which adversely affect the maintenance, development, use or taxable value of other property in the district in which they are located shall be permitted to continue or shall be discontinued. This chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures and uses which substantially and adversely affect the orderly development and taxable value of other property in the district be discontinued or reduced to conformity as soon as the fair interests of the parties will permit or be permitted to continue with certain restrictions.

§ 320-37 Authority to continue.

Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this chapter and which remains nonconforming and any such building, structure or use which shall become nonconforming upon the adoption of this chapter, or of any subsequent amendments thereto, may be continued, some for specified periods of time, subject to the regulations which follow.

§ 320-38 Nonconforming uses.

[Amended 11-24-2014]
The continued lawful use of a building, premises, structure, or fixture existing at the time of the adoption or amendment of the zoning ordinance may not be prohibited although the use does not conform with the provisions of the zoning ordinance.
The nonconforming use may not be extended.
The total structural repairs or alterations in a nonconforming building, premises, structure, or fixture shall not during its life exceed 50% of the assessed value of the building, premises, structure or fixture unless permanently changed to a conforming use.
If a nonconforming structure is damaged or destroyed, it may be restored to the size, location, and use, regardless of cost, that it had immediately before the damage or destruction, if all of the following apply:
The nonconforming structure was damaged or destroyed on or after March 2, 2006; and
The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.
If a structure is restored pursuant to Subsection D, the size of the structure may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.