The lawful use of any structure or land existing at the time of the adoption of the ordinance from which this chapter is derived may be continued although such use does not conform to the provisions thereof; provided, however, the conditions in this article are met.

(Code 1977, app. A, § XIV(A); Ord. No. 20-12, § 1, 1-10-2013)

Cross reference— Buildings and building regulations, ch. 14.

Any structure or portion thereof declared unsafe may be restored to a safe condition.

(Code 1977, app. A, § XIV(A)(1); Ord. No. 20-12, § 1, 1-10-2013)

Nothing in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit has been issued and the construction of which shall have been diligently carried on within six months of the date of such permit.

(Code 1977, app. A, § XIV(A)(2); Ord. No. 20-12, § 1, 1-10-2013)

A structure that contains any nonconforming use may be maintained, and structural, plumbing, mechanical, electrical or other such repairs may be made to such structures. However, no alterations, enlargements, extensions or other modifications shall be made except those required by law including eminent domain proceedings. Interior renovations or modifications that do not impact the structure's footprint or elevations are permitted.

(Code 1977, app. A, § XIV(A)(3); Ord. No. 20-12, § 1, 1-10-2013)

Structures with existing nonconforming structural elements may be maintained, repaired, altered, modified, extended and/or enlarged so long as the existing nonconforming elements are neither extended or enlarged, unless such structure also contains a nonconforming use, in which case section 78-94 shall apply.

(Code 1977, app. A, § XIV(A)(4); Ord. No. 20-12, § 1, 1-10-2013)

When a nonconforming use has been vacated, abandoned or discontinued for a period of 90 consecutive days, any future use in such structure or on such land shall revert to the uses permitted in the district in which the structure and/or land is located, and shall not thereafter be occupied by any nonconforming use. The 90-day period set forth herein shall not apply to the discontinuation of a nonconforming use caused by flood, fire, explosion or other casualty, or act of God, government, or the public enemy. However, to the extent that structural restoration or repair is required in order for the nonconforming use to resume, section 78-98(c) shall apply.

If an existing use was legally permitted on its site prior to adoption of the commercial overly code in 2024 but is not subsequently included as a permitted use in the commercial overlay code, that existing use will continue to be deemed a permitted nonconforming use. Permitted nonconforming uses that were legally permitted prior to adoption of the commercial overlay code in 2024 that have been vacated, abandoned, or discontinued, may be replaced by the same use within 180 days. When a permitted nonconforming use has been replaced with a different use, or when it has been vacated, abandoned, or discontinued for more than 180 days, it is no longer considered a permitted nonconforming use.

(Code 1977, app. A, § XIV(A)(5); Ord. No. 20-12, § 1, 1-10-2013; Ord. No. 01-24, § 2, 10-16-2024)

Editor's note— Ord. No. 20-12, § 1, adopted January 10, 2013, repealed § 78-97, which pertained to abandonment of nonconforming use or building and derived from app. A, § XIV(A)(6) of the 1977 Code.

(a)

The restoration of a structure with nonconforming elements that is damaged to the extent of not more than 50 percent of its assessed value by flood, fire, explosion or other casualty, or act of God, government or the public enemy shall be allowed; however, permits for restoration of nonconforming structural elements must be applied for within 90 days from the date of the end of the casualty event. In the event of any casualty that causes damage or destruction on a village-wide basis, the village manager may authorize an extension of this 90-day deadline to apply for permits to restore a non-conforming structural element.

(b)

The reconstruction of a structure with nonconforming elements that is destroyed more than 50 percent of its assessed value by flood, fire, explosion or other casualty, or act of God, government or the public enemy, must be in accordance with all applicable provisions of this chapter, including but not limited to the 100-year flood standards described in article XII of this chapter concerning special flood hazard areas.

(c)

The restoration or reconstruction of any structure containing a nonconforming use that is damaged or destroyed by flood, fire, explosion or other casualty, or act of God, government or the public enemy, shall be pursuant to either subsection (a) or (b) above, as applicable. Permits for restoration or reconstruction of structures containing nonconforming uses must be applied for within 90 days from the date of the end of the casualty event. In the event of any casualty that causes damage or destruction on a village-wide basis, the village manager may authorize an extension of this 90-day deadline to apply for permits to restore a structure containing a nonconforming use.

(d)

Nonconforming structures located within the R-3 zoning district of the village which are located east of the Intracoastal Waterway may be restored even if destroyed by more than 50 percent of their assessed value by flood, fire, explosion or other casualty, or act of God, government or the public enemy, except to the extent that they are prohibited from doing so by any federal, state, or county law or agency which supersedes the ordinances of the village in regard to such reconstruction.

(Code 1977, app. A, § XIV(A)(7); Ord. No. 20-12, § 1, 1-10-2013)

Existing nonconforming screened swimming pool enclosures may be replaced in the same location by another screen enclosure without ob-taining a variance when such replacement enclosure follows the same footprint as the existing nonconforming screen enclosure; provided, however, that no portion of such structure shall be enclosed with solid walls or a roof.

(Code 1977, app. A, § XIV(A)(8); Ord. No. 20-12, § 1, 1-10-2013)