This Title establishes separate zoning districts, each of which has been determined to be 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 structures, lots and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.

The purpose of this Chapter is to provide for the regulation of nonconforming buildings, structures, lots and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures, lots and uses shall be permitted to continue.

A. Authority to continue. Any nonconforming structure, lot or use which existed lawfully on the effective date of this ordinance or its subsequent amendments and which remains nonconforming, may be continued subject to the regulations which follow so long as it remains otherwise lawful. A structure, lot or use that is illegal at the time of the effective date of this ordinance, remains illegal if it does not conform with each and every requirement of this ordinance.

B. Burden on property owner to establish legality. In all cases, the burden of establishing the legality of a nonconformity under the provisions of this Title shall be upon the property owner of the nonconforming building, structure, lot or use.

C. Safety regulations. All police power regulations enacted to promote public health, safety, convenience, comfort and general welfare including, but not limited to, all building, fire and health codes shall apply to nonconforming buildings and structures.

A. Ordinary repairs and maintenance. Normal maintenance and incidental repair may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided it will not create any new nonconformity, increase the degree of nonconformity or increase the bulk of the structure in any manner.

B. Structural alterations. No structural alterations shall be performed on any structure devoted to a nonconforming use, except in the following situations: 1. When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting the public safety. 2. When the alteration is for the purpose of bringing about a conforming use. 3. When the alteration will not create any new nonconformity, increase the degree of any existing nonconformity or increase the bulk of the structure in any manner. 4. When the alteration is for the purpose of improving livability of a dwelling unit, provided that there are no increases in the number of dwelling units or the bulk of the building.

C. Expansion of use. A nonconforming use of land or a structure shall not be expanded, extended, enlarged or increased in intensity. Such prohibited activity shall include, without limitation: 1. Expansion of any structure devoted entirely to a nonconforming use. 2. An expansion, extension or relocation of a use or its accessory uses to any land area or structure not currently occupied by such nonconforming use. 3. An expansion, extension or relocation of such use, including its accessory uses, within a structure, to any portion of the floor area that was not occupied by such nonconforming use. 4. An expansion or extension into any required yards or open space. 5. An increase in the number of dwelling units in a nonconforming residential use.

D. Relocation. A nonconforming use of land or a structure shall not be relocated, in whole or in part, to any other location on the same lot or parcel. The nonconforming use may only be relocated to another lot or parcel if the use conforms to all regulations of the zoning district in which it is relocated, including all use regulations.

E. Change of use. A nonconforming use shall not be changed to any use other than one allowed within the zoning district in which it is located. When such a nonconforming use has been changed, in whole or in part, to an allowed use, the whole or part which has been made to conform may not be changed back to a use that is prohibited. A change of use shall be deemed to occur when an existing nonconforming use has been terminated and another use has commenced. Any change in use in violation of this Ordinance shall be deemed an abandonment of the previously existing lawful nonconforming use.

F. Discontinuation or abandonment. If a nonconforming use is discontinued, or the structure that it occupies becomes vacant and/or remains unoccupied by the occupants who operated the nonconforming use for a continuous period of six (6) months, such use at the location shall be deemed to be abandoned and shall not be reestablished or resumed regardless of the intent to resume or to continue the use. Any subsequent use or occupancy of such land or structure shall comply with all regulations of the zoning district in which such land or structure is located. The period of such discontinuance caused by government action or acts of God shall not be included in calculating the length of discontinuance for this section.

G. Damage or Destruction. 1. In the event that any structure and/or property that is devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value at that time, then the nonconforming use cannot be continued unless the structure conforms to all regulations of the zoning district in which it is located. 2. In the event that any structure and/or property that is devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of less than fifty percent (50%) of the replacement value at that time, the structure and/or property may be repaired, reconstructed or restored and the nonconforming use continued, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair or reconstruction within one (1) year of the date of damage or destruction, and construction shall be completed within one (1) year of issuance of the building permit. 3. The replacement value of the structure and/or property, which is devoted in whole or in part to a nonconforming use, shall be based on: 1) the sale of that structure and/or property within the previous year or, if that is not applicable; 2) an appraisal within the last two (2) years or, if that is not available; 3) the amount for which structure and/or property was insured prior to the date of damage or destruction or, if that is not available; 4) an alternative method determined acceptable by the Village. 4. In the event that the permit is not obtained within one (1) year from the date of damage or destruction, or that repairs or restoration are not completed within one (1) year of the issuance of the building permit, then the nonconforming use shall not be continued.

A. Ordinary repairs and maintenance. Normal maintenance and incidental repair may be performed on any nonconforming structure. No repairs or reconstruction shall be made that would create any new nonconformity, increase the degree of any previously existing nonconformity, or increase the bulk of the structure in any manner.

B. Structural alterations. No structural alterations shall be performed on any nonconforming structure, except in the following situations:

1. When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting the public safety. 2. When the alteration will result in eliminating the nonconformity. 3. When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity.

C. Additions and enlargements. A structure that is nonconforming with respect to its bulk shall not be added to or enlarged.

D. Relocation. A nonconforming structure shall not be relocated, in whole or in part, to any other location on the same zoning lot or parcel. A nonconforming structure may be relocated to another zoning lot or parcel if the structure conforms to all regulations of the zoning district in which it is relocated.

E. Damage or destruction.

1. In the event that any nonconforming structure is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value at that time, then the nonconforming structure, as restored or repaired, shall comply with all regulations of the zoning district in which it is located. 2. When any structure is damaged or destroyed to the extent of less than fifty percent (50%) of the replacement value at that time, it may be repaired and reconstructed provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit shall be obtained for such rebuilding, restoration, repair or reconstruction within one (1) year of the date of damage or destruction, and the construction shall be completed within one (1) year of issuance of the building permit. 3. The replacement value of the structure shall be based on: 1) the sale of that structure within the previous year or, if that is not applicable; 2) an appraisal within the last two (2) years or, if that is not available; 3) the amount for which the structure or property was insured prior to the date of the damage or destruction or, if that is not available; 4) an alternative method determined acceptable by the Village. 4. In the event that the building permit is not obtained within one (1) year, or that repairs are not completed within one (1) year of the issuance of the building permit, then the structure shall not be restored unless it conforms to all regulations of the district in which it is located.

A. Individual lots of record. Any single legal nonconforming lot of record that does not meet the requirements for minimum lot width and area may be used for a permitted use provided that yards are not less than seventy-five percent (75%) of the minimum required dimensions or areas.

B. Lots of record owned by related parties. 1. If two (2) or more contiguous lots of record are held in common ownership or owned or controlled by related parties and one (1) or more of the lots does not meet the requirements for lot area or lot width as established by this Title, then the lots of record shall be considered to be a single undivided parcel for purposes of this Title. 2. No portion of the parcel shall be used, transferred or conveyed which does not meet the lot width and lot area requirements established by this Title. No division of the parcel shall be made which leaves the remaining lot(s) with lot width or lot area below the requirements of this Title. No building permit shall be issued for the use of any lot, or portion of a lot, transferred or conveyed in violation of this Section.