A.   Intent: This chapter 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.

   B.   Authority To Continue A Nonconformity: Any nonconformity, 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.

   C.   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.

   D.   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 title.

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. (Ord. 10-09, 8-17-2010)

All nonconforming buildings and structures, prior to razing, demolition or otherwise being removed, shall require a demolition permit authorized by the zoning enforcement officer of the village. A fee as provided in a fee schedule available for public inspection in the village clerk's office shall be assessed for the demolition permit. (Ord. 10-09, 8-17-2010)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provision of this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date hereof. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided, that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variations of yard requirements shall be obtained only through action of the board of appeals.

   A.   Nonconforming Lots In R Districts: The following provisions shall apply:

      1.   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.

      2.   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.

      3.   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.

      4.   Nonresidential development of a nonconforming 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).

   B.   Nonconforming Lots In Other Districts: In nonresidential zoning districts, a nonconforming lot may be developed providing that:

      1.   The lot in question existed in its current dimensions at the time of the effective date hereof; and

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

      3.   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). (Ord. 10-09, 8-17-2010)

Where, at the effective date hereof, the lawful use of land that is made no longer permissible under the terms of this title as enacted or amended, may be continued, so long as it remains otherwise lawful, subject to the following provisions:

   A.   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date hereof.

   B.   No such nonconforming use shall be moved in whole or in part of any other portion of the lot or parcel occupied at the effective date of adoption or amendment of this title in a way which increases its nonconformities.

   C.   If any such nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located. (Ord. 10-09, 8-17-2010)

Where a lawful structure exists at the effective date hereof that could not be built under the terms of this title by reason of restriction on area, lot coverage, height, yards or other characteristic of the structure of its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   Enlargement Or Alteration: No such structure may be enlarged or altered in a way which increases in nonconformity.

   B.   Destruction: Should such structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this title or with approved variance.

   C.   Movement: Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

   D.   Elimination Of Nonconforming Buildings And Structures: Any structure or building, all or substantially all of which is designed or intended for use not permitted in the district in which it is located shall be removed and its use thereafter cease, or shall be converted to a building or structure designed or intended for a use permitted in the district in which it is located at the end of its useful life as determined by the zoning administrator.

   E.   Condemnation Of Nonconforming Buildings And Structures: The village of Seneca at any time, and from time to time, by ordinance duly enacted: a) may acquire by condemnation any nonconforming building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, and all land which is necessary or appropriate for the rehabilitation or redevelopment of the area blighted by such nonconforming buildings or structures; b) may remove or demolish all such nonconforming buildings and structures so acquired; c) may hold and use any remaining property for public purposes; and d) may sell, lease or exchange such property as is not held for public purposes, subject to the provisions of this comprehensive amendment, or any amendment hereto. No such acquisition by condemnation shall be made until such time as the plan commission, at the request of the board of trustees, or upon its own initiative, has made a study of the area within which such nonconforming building or structure is located and has filed a written report on such study with the board of trustees. (Ord. 10-09, 8-17-2010)

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date hereof, that would not be allowed in the district under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

   A.   No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

   B.   Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building.

   C.   If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use; provided, that the board of appeals either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of appeals may require appropriate conditions and safeguards in accordance with the provisions of this title.

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

   E.   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months, or where such a nonconforming use is not continuously maintained during normal business hours for six (6) months out of any consecutive period of twelve (12) months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

   F.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. (Ord. 10-09, 8-17-2010)

   A.   On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, provided that the cubic content of the building as it existed at the time of passage or amendment hereof shall not be increased.

   B.   Nothing in this title 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. (Ord. 10-09, 8-17-2010)