(1)

Intent. This article governs nonconformities: those uses, lots, buildings or other aspects of development that may have complied with previous zoning regulations, but through zoning ordinance revisions or amendments no longer conform to the current regulations. The intent of this chapter is to clarify to what extent and under what circumstances such nonconformities can be altered, expanded, or allowed to continue. Other intentions of this chapter are to: allow for the preservation and reuse of existing buildings; recognize the interests of landowners whose property and its uses were lawfully established, and place reasonable limits on nonconformities that have or potentially may have adverse effects on surrounding properties or the community.

(2)

Authority to continue a nonconformity. Any nonconformity that existed on August 15, 2006, or situation that becomes a nonconformity upon adoption of any amendment to this zoning ordinance may be continued in accordance with the provisions of this chapter.

(3)

Continued status of nonconformity. Nonconforming status rests with the property, not with the owner. Such status is not affected by changes in ownership, tenancy, or management.

(4)

Repairs and maintenance. Nonconforming buildings and lots carry the same obligations and requirements for safe upkeep as conforming buildings and lots. Incidental repairs and normal maintenance necessary to keep a nonconformity in compliance with the village building code are permitted unless otherwise expressly prohibited in this ordinance.

(1)

Nonconforming lots in R districts. The following provisions shall apply:

a.

A nonconforming lot in an R district may be developed with a single-family house, providing setback requirements and bulk and density standards are met.

b.

Likewise, a nonconforming lot that is enlarged, yet remains nonconforming may be developed with a single-family house, providing setback, bulk and density restrictions are met.

c.

If an existing single-family house in an R district is destroyed by accident, it may be rebuilt, providing setback, bulk and density restrictions are met.

d.

Non-residential development of a non-conforming lot in an R district may occur only if the zoning board of appeals grants a variance for any and all of the nonconformities that result from inadequate lot area or lot width (e.g., parking requirements cannot be met).

(2)

Nonconforming lots in other districts. In nonresidential zoning districts, a nonconforming lot may be developed providing that:

a.

The lot in question existed in its current dimensions at the time of the effective date of this ordinance; and

b.

The use is permitted in the zoning district where the nonconforming lot is located; and

c.

The zoning board of appeals grants variances for any other nonconformities that result from inadequate lot area or lot width (e.g., parking requirements cannot be met).

(1)

Change of nonconforming use.

a.

To a permitted use. A nonconforming use may be converted to a use permitted in the subject zoning district.

b.

To another nonconforming use. A nonconforming use may not be changed to another nonconforming use.

(2)

Expansion of nonconforming use. A nonconforming use, whether inside or outside of a building, may not be expanded beyond the area it occupies at the time of the adoption of this ordinance or any subsequent amendment.

(3)

Discontinuance of nonconforming use. If a nonconforming use is discontinued for a continuous period of one year, it shall not be reestablished.

(4)

Relocation. No building in which a nonconforming use is conducted may be moved in whole or in part to any other location on the same or any other lot unless the use of that lot conforms to the regulations of the zoning district in which the building is to be moved.

(1)

Alterations or enlargements of nonconforming buildings. A nonconforming building may be altered or enlarged only if the alterations or enlargements do not increase the extent of the nonconformity or add another nonconformity. For example, a building that does not meet a setback requirement may add an additional floor so long as the additional height and bulk comply with the applicable regulations. Likewise, a building that does not meet a setback requirement may be enlarged so long as the addition follows the same building wall line and does not result in an additional encroachment into the setback area.

(2)

Destruction or damage of nonconforming buildings.

a.

Intentional destruction. If a nonconforming building is intentionally removed or destroyed by the owner, the building may be reconstructed, provided that all nonconformities, to include setbacks, are eliminated in the new building.

b.

Damage or accidental destruction. When a nonconforming building is damaged or destroyed by fire or other causes beyond the control of the owner, it may be repaired or rebuilt, provided that:

i.

The intensity, extent, or nature of the previous nonconforming elements are not increased; and

ii.

Restoration commences within six (6) months from the date of damage or accidental destruction, does not cease for a period of sixty (60) days, and is completed within two (2) years from the date of damage or accidental destruction.

(3)

Relocation of nonconforming building. No nonconforming building shall be moved in whole or in part to any other location on the same or any other lot unless the building conforms to the regulations of the zoning district in which the building is to be located.

Any other aspect of development not described in the provisions above—such as landscaping or parking and loading—that was lawfully established but no longer complies with a standard or standards of this zoning ordinance, shall be allowed to exist. However, such other nonconforming situations may not be altered so that the intensity, extent, or nature of the nonconformity increases.