(A)   The requirements imposed by this chapter are designed to secure adequate light, pure air and safety from fire and other damages, to guarantee that the taxable value of land and building throughout the village may be conserved, to prevent or lessen hazards to persons and damage to property resulting from the accumulation of runoff storm or flood water, to preserve the sights, areas and structures of historical, architectural and aesthetic importance and that the public health, safety, comfort, morals and welfare may otherwise be promoted.

   (B)   Lots, structures and uses of land are structures that do not conform to the requirements of the district in which they are located tend to impede appropriate development.

   (C)   The regulations of this subchapter are intended to alleviate such existing or potential problems by encouraging the gradual elimination of non-conformities.

(Prior Code, § 20-1201) (Ord. 1699, passed 3-17-2014)

   Any otherwise lawful non-conforming building or structure which exists on the effective date of this chapter may lawfully remain, subject to the following provisions.

   (A)   Maintenance. A non-conforming structure may be maintained by ordinary repairs.

   (B)   Enlargement, alterations. A non-conforming building or structure shall not be altered or enlarged in any way which would increase its non-conformity by:

      (1)   Adding an addition to an existing building or adding a separate building;

      (2)   Increasing in the area of lot used; or

      (3)   Changing business methods or the provision of new accessory facilities.

   (C)   Relocation. A non-conforming building or structure shall not be moved unless, after relocation, it will conform to all of the regulations of the district in which it will be situated.

      (1)   A non-conforming building or structure which is destroyed by any means shall not be reconstructed if the Zoning Administrator determines that the cost of such reconstruction exceeds 100% of the structure’s replacement value at the time of loss, unless, after reconstruction, the structure will conform to all applicable regulations of the district in which it is located.

      (2)   In the event the Zoning Administrator determines the estimated cost of reconstruction is equal to or less than 100% of the structure’s replacement value at the time of loss, repairs or reconstruction shall be permitted; provided, such work begins within six months from the date the damage occurred and is completed within one year after construction begins.

      (3)   The Zoning Administrator may require that the reconstruction cost estimate be made by a bona fide construction contractor, and that the structure’s market value at the time of loss be determined by a licensed real estate appraiser.

      (4)   The owner of the damaged structure shall be responsible for obtaining these estimates on behalf of the Zoning Administrator.

(Prior Code, § 20-1202) (Ord. 1699, passed 3-17-2014)

   Any non-conforming use, otherwise lawfully existing on the effective date of this chapter, may lawfully continue, subject to the following provisions.

   (A)   No non-conforming business use shall be extended or intensified so that the character of the commercial activity changes and creates a greater adverse impact on the zoning district in which it is located.

   (B)   A non-conforming use shall not be changed, except to a use that is permitted or special under the applicable zoning regulations.

   (C)   When a non-conforming use is discontinued for a period of 12 consecutive months, it shall not thereafter be resumed, and any subsequent use of the land shall conform to the applicable district regulations.

(Prior Code, § 20-1203) (Ord. 1699, passed 3-17-2014)

   Any non-conforming vacant lot of record may, nonetheless, be developed for any use permitted in that district if such vacant lot:

   (A)   Was recorded in the County Recorder of Deeds’ office prior to the effective date of this chapter or any pertinent amendment thereto; and

   (B)   Is at least 30 feet wide.

(Prior Code, § 20-1204) (Ord. 1699, passed 3-17-2014)

   (A)   If two or more lots, or combination of lots and portions of lots, with continuous frontage, were of record and in common ownership on the effective date of this chapter and, if one or more of those lots does not meet the minimum width, depth or area requirements of the district in which it is located, the land involved shall be considered an undivided parcel.

   (B)   No portion of any such parcel shall be developed, except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.

(Prior Code, § 20-1205) (Ord. 1699, passed 3-17-2014)

   The regulations of this subchapter shall not effect the terms of any permit issued prior to the effective date of this chapter, or any pertinent amendment thereto; provided that, the work authorized by such permit is completed within a reasonable time.

(Prior Code, § 20-1206) (Ord. 1699, passed 3-17-2014)

   At the request of the applicant, and following a thorough review of the specific building, structure, lot or use, the Zoning Administrator, upon determining that said building, structure, lot or use is legally non-conforming, shall issue a certificate of non-conformance in accordance with the provisions of § 154.209 of this chapter.

(Prior Code, § 20-1207) (Ord. 1699, passed 3-17-2014)