This chapter has established separate districts, each of which are appropriate for the uses which are allowed in that district. Within such districts, however, there exist lots, structures, uses of land and structures, and characteristics of uses which were lawful before this chapter was adopted or amended, but which are now prohibited, regulated, or restricted under the terms of this chapter or future amendments thereto.

Recognizing both the legitimate interest of those who lawfully established such a nonconformity and the need to protect the public health, safety, comfort, and general welfare, the provisions of this subchapter are intended to provide for the regulation of nonconforming uses, lots and structures within the following:

(A)

It is the intent of this subchapter to permit most nonconforming uses to continue until they are removed but not to encourage their survival.

(B)

It is the intent of this subchapter that nonconforming lots and structures shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district.

(C)

It is recognized and declared that those nonconforming uses, lots and structures which substantially or adversely affect the orderly development, maintenance, use and taxable value of other properties in the zoning district (property that is itself subject to the regulations and requirements of this chapter) should eventually be eliminated.

(Ord. 163, passed 12-5-1961; Am. Ord. 91-124, passed 9-24-1991; Am. Ord. 95-62, passed 6-13-1995)

Any nonconforming use or structure which exists lawfully at the time of the adoption of the ordinance codified in this chapter and which remains nonconforming or which shall become nonconforming upon the adoption of the ordinance codified in this chapter, or any subsequent amendment thereto, may be continued only in accordance with the following:

(A)

Nonconforming Structures: No nonconforming structures shall be:

(1)

Structurally altered;

(2)

Added to or enlarged in any manner;

(3)

Moved or relocated, in whole or in part; or

(4)

Restored or reconstructed if damaged or destroyed, if the cost of restoration or reconstruction will exceed fifty percent (50%) of the replacement cost of the entire structure at that time. Said restoration or reconstruction shall be upon the original foundation which must still be usable for such purposes.

(B)

Nonconforming Use of Land: No nonconforming use of land shall be:

(1)

Renewed if abandoned for a period of six (6) continuous months;

(2)

Expanded or extended beyond the area it occupied on the effective date hereof; or

(3)

Changed, except if such change will make the use conforming.

(C)

Nonconforming Use of a Building or Structure: No nonconforming use of a building or structure shall be:

(1)

Renewed if abandoned for a period of six (6) continuous months;

(2)

Expanded or extended into any part of a building or structure not occupied by such use on the effective date hereof; or

(3)

Changed, except if such change will make the building or structure conforming.

(D)

Nonconforming Accessory Structures on Single-Family Residential Lots:

(1)

Nonconforming accessory structures on single-family lots may remain intact until the property on which the structure is located is sold, provided it can be verified that the structure was in existence when the property owner acquired the property on which the accessory structure is located. Such nonconforming structures must be removed, altered, or otherwise brought into conformity with the requirements and regulations of this chapter prior to the sale or transfer of the property on which the accessory structure is located.

(2)

Nonconforming accessory structures on single-family lots placed, erected, or installed after the property owner purchased the property on which the structure is located shall be removed, altered, or otherwise brought into conformity with the requirements and regulations of this chapter upon notification to the property owner.

(E)

Exceptions:

(1)

Structural alterations or repairs of a nonconforming building or structure required by law shall be permitted.

(2)

No nonconforming building or structure located in any zoning district shall be structurally altered or enlarged in such a manner that would further increase the nonconformity. However, structural alterations related with normal building maintenance may be permitted providing there is no increase in the existing encroachments.

(3)

Provided that the result is to change the status of a building, structure or use from nonconforming to conforming, such building, structure or use may be:

Structurally altered;

Added to or enlarged;

Moved or relocated, in whole or in part;

Expanded or extended;

Changed; or

Restored or reconstructed.

(4)

When the cost of reconstructing or restoring a damaged nonconforming building or structure is less than fifty percent (50%) of the replacement cost of the entire building or structure, it may be reconstructed or restored if initiated within six (6) months of the date of partial destruction, and diligently pursued to completion.

(Ord. 163, passed 12-5-1961; Am. Ord. 91-124, passed 9-24-1991; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 97-152, passed 12-9-1997)

Nonconforming lots of record as herein defined may be used as permitted in section 154.61, "Zoning Lots", of this chapter, and in accordance with the following:

(A)

Separate Ownership: A nonconforming lot of record may be used for any permitted, accessory, temporary or special use allowed in the district in which it is located.

(B)

Zoning Requirements: All zoning requirements other than those which make the lot of record nonconforming shall apply. Variance from any other requirements shall be obtained only through the procedures as delineated in section 154.45 of this chapter.

(C)

Unified Control:

(1)

Contiguous Nonconforming Lots: Where two (2) or more lots of record or combination of lots and portions of lots of record with contiguous frontage are developed as a single zoning lot under unified control; area of record at the time of adoption or amendment of this chapter; and where all or parts of the lots of record do not meet the regulations and requirements established for lot widths and area, the lands involved shall be considered to be a single zoning lot for the purpose of this chapter. No portion of said zoning lot shall be used or sold which would diminish compliance with lot width and area requirements established by this chapter.

(2)

Issuance of Building Permits: Lots or parts of lots of record resulting from the conveyance or any other transfer of interest of a portion of such zoning lots held in unified control shall be entitled to building permits as provided elsewhere in this chapter.

(D)

Construction, Repair or Alteration: Construction of new buildings or structures, or repair of existing buildings or structures that are being used for permitted uses, but are located on nonconforming lots of record, shall be permitted. If any building is damaged or destroyed, it may be rebuilt for its original permitted use to the extent of its original development, or a new building may be constructed for any use to the extent permitted in subsection (A) of this section.

(Ord. 163, passed 12-5-1961; Am. Ord. 91-124, passed 9-24-1991; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 97-152, passed 12-9-1997)

Whenever a nonconforming use, lot or structure is changed so as to conform to the regulations and requirements of the zoning district in which it is located, such use, lot or structure shall not thereafter be used, occupied, or altered so as to become nonconforming.

(Ord. 163, passed 12-5-1961; Am. Ord. 91-124, passed 9-24-1991; Am. Ord. 95-62, passed 6-13-1995)

Any nonconforming use, lot or structure may be converted to a special use pursuant to the appropriate procedure as set forth in section 154.90 of this chapter. This conversion may occur only when it is shown that the nonconforming use, lot or structure is providing a service to the area, and that the use, lot or structure is not substantially detrimental to the surrounding properties or the village as a whole.

(Ord. 163, passed 12-5-1961; Am. Ord. 91-124, passed 9-24-1991; Am. Ord. 95-62, passed 6-13-1995)