The purpose of this section is to provide for the gradual elimination
of nonconforming uses by allowing short-term maintenance and improvement
of nonconformities.
A. The lawful nonconforming use of a structure or land existing at the
time of the adoption or amendment of this chapter may be continued
although the use does not conform with the provisions of this chapter.
However, only that portion of the land in actual use may be so continued
and the structure may not be extended, enlarged, reconstructed, substituted,
moved or structurally altered except when required to do so by law
or order, to comply with the provisions of this chapter.
B. Change in tenancy, ownership or management. There may be a change
in tenancy, ownership or management of a nonconforming use of a building
or structure provided there is no change in the historically allowed
nonconforming use.
C. Enlargements. The nonconforming use of a building or structure shall
not be enlarged or increased, nor extended to occupy a greater area
of lot, parcel, site, building or structure than was occupied at the
time of the adoption or amendment of this chapter.
D. Relocation. No nonconforming use of a building or structure shall
be moved in whole or in part to any other portion of the lot, parcel
or site than was occupied by such use at the time of the adoption
or amendment of this chapter.
E. Ordinary maintenance and repairs made to a building or structure
which contains a nonconforming use may be allowed provided that ordinary
maintenance and repair conforms with the requirements of the district
in which it is located, there is not an identifiable change in the
historically allowed nonconforming use and such nonconforming use
continues and all other provisions of this chapter, including, but
not limited to, maximum lot coverage, off-street parking, loading,
and landscaping standards are complied with. "Ordinary maintenance
and repairs" are defined as follows:
(1) Internal and external painting, decorating.
(2) The repair or replacement of doors, windows, nonbearing walls, fixtures,
heating components, wiring, plumbing, siding, roofing or other nonstructural
components.
F. Total lifetime repairs or alterations, other than ordinary maintenance and repair defined in Subsection
E, shall not exceed 50% of the Village's assessed fair market value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.
G. Establishing the existence of a nonconforming use. The burden of
proof that a legally permitted (historically allowed) nonconforming
use of structure, building or land existed at the time of the adoption
or amendment of this chapter shall be the responsibility of the property
owner.
The purpose of this section is to provide for the regulation
of nonconforming structures so that nonconformities are not increased
or extended, except when required by law.
A. A lawful nonconforming structure existing at the time of the adoption
or amendment of this chapter may be continued although its size or
location does not conform with the lot setbacks, lot area, yard, height,
parking and loading, and access provisions of this chapter. However,
the structure shall not be extended, enlarged, moved or structurally
altered so as to increase or extend the nature of the nonconformity,
except when required to do so by law or order or to reduce or remove
the nonconformity so as to comply with the provisions of this chapter.
B. When a nonconforming structure is damaged or destroyed (after March
2, 2006) due to violent wind, vandalism, fire, flood, ice, snow, mold,
or infestation, the structure may be repaired or rebuilt to the size,
location and use that it had immediately before the damage or destruction
occurred. In addition, the structure may be rebuilt to be larger than
the size it was, if needed to comply with applicable state or federal
requirements, except that such enlargement shall not increase or extend
the nature of the nonconformity.
C. When a nonconforming structure requires reconstruction in excess of 50% of the structure's present assessed value due to lack of maintenance or other reasons not covered by Subsection
B above, the structure shall not be reconstructed, except when required to do so by law or order, unless such reconstruction complies with the provisions of this chapter.
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Zoning Board of Appeals has permitted the substitution of a more
restrictive nonconforming use for an existing nonconforming use, the
substituted use shall lose its status as a legal nonconforming use
and become subject to all the conditions of the district in which
it is located and any applicable code sections.