All nonconforming lots, uses, structures or
combination of nonconforming uses of land or structures shall conform
with the provisions of this article.
A.
It is the intent of this chapter to permit legal nonconforming
lots, uses or structures to continue until they are removed but not
to encourage their survival.
B.
It is recognized that there exists within the districts
established by this chapter, and its subsequent amendments, lots,
structures and uses of land and structures which were lawful before
this chapter was passed or amended which would be prohibited, regulated
or restricted under the terms of this chapter or future amendments.
C.
Such uses are declared by this chapter to be incompatible
with permitted uses in the districts involved. It is further the intent
of this chapter that nonconformities shall not be enlarged upon, expanded
or extended nor be used as grounds for adding other structures or
uses prohibited elsewhere in the same district.
D.
A nonconforming use of a structure, land, or of a
structure and land shall not be extended or enlarged after passage
of this chapter by attachment on a building or premises of additional
signs intended to be seen from off the premises, or by the addition
of other uses of a nature which would be prohibited generally in the
district involved.
E.
To this end, there are two classes of nonconforming
uses: Class A, those that are not objectionable; and Class B, those
that are objectionable and will only be allowed to be continued until
they are removed or voluntarily discontinued.
A.
Class A and Class B nonconforming uses and structures.
Class A nonconforming uses and structures are those which have been
so designated by the Zoning Board of Appeals after application by
any interested person or the Building Inspector upon findings that:
1) continuance thereof would not be contrary to the public health,
safety or welfare; 2) that the use or structure does not and is not
likely to significantly depress the value of nearby properties; 3)
that the use or structure was lawful at the time of its inception;
and 4) that no useful purpose would be served by strict application
of the provisions or requirements of this chapter with which the use
or structure does not conform.
B.
Procedure for obtaining Class A designation; conditions:
(1)
A written application shall be filed with the
Village Clerk setting forth the name and address of the applicant,
giving a legal description of the property to which the application
pertains and including such other information as may be necessary
to enable the Zoning Board of Appeals to make a determination of the
matter. The Zoning Board of Appeals may require the furnishing of
such additional information as it considers necessary. The notice
and hearing procedure before the Zoning Board of Appeals shall be
the same as in the case of an application for a variance. The decision
shall be in writing and shall set forth the findings and reasons on
which it is based.
(2)
Conditions may be attached, including any time
limits, where necessary to assure that the use, building or structure
does not become contrary to the public health, safety or welfare or
the spirit and purpose of this chapter. No vested interest shall arise
out of a Class A designation.
C.
Revocation of Class A designation. Any Class A designation
shall be revoked following the same procedure required for designation
upon a finding that, as a result of any change of conditions or circumstances,
the use or structure no longer qualifies for Class A designation.
D.
Regulations pertaining to Class A nonconforming uses
and structures.
(1)
No Class A nonconforming use of land, building
or structure shall be resumed if it has been for any reason discontinued
for a continuous period of at least 12 months or if it has been changed
to a conforming use for any period.
(2)
An individual Class A use or structure may be
changed, altered or enlarged, provided that it does not violate any
condition imposed by the Board of Appeals at the time of its designation.
Any change, alteration, or expansion of a Class A nonconforming use
or structure, except those used as single-family dwellings, shall
require site plan approval by the Planning Commission and subsequent
approval by the Zoning Board of Appeals prior to the issuance of a
building permit.
(3)
Nothing in this chapter shall prevent the restoration
of a Class A nonconforming building or structure destroyed by fire,
explosion, act of God, or act of the public enemy subsequent to the
effective date of its Class A designation or shall prevent the continuance
of the use of such a building or structure or part thereof as such
use existed at the time of such impairment of such building or structure,
provided that restoration is entirely and completely executed within
12 months from the time of impairment.
(4)
Should a Class A nonconforming building or structure
be moved for any reason, it shall hereafter conform to the regulations
for the district in which it is located after it is moved.
(5)
Where a Class A nonconforming use status applies
to building and/or structure and premises in combination, moving and/or
removal of the building or structure shall eliminate the nonconforming
status of the land.
E.
Regulations pertaining to Class B nonconforming uses and structures. All nonconforming uses, buildings or structures not designated as Class A are Class B nonconforming uses, buildings or structures. All Class B nonconforming uses and structures shall conform to all of the requirements of Article XXI.
A.
In any district in which single-family dwellings are
permitted, notwithstanding limitations imposed by other provisions
of this chapter, a single-family dwelling and customarily accessory
building may be erected on any single, legally established lot of
record at the effective date of adoption or amendment of this chapter.
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.
B.
If two or more lots or combinations of lots and portions
of lots with continuous frontage are in single ownership and are of
record at the time of adoption or amendment of this chapter, and if
all or part of the lots do not meet the requirements established for
lot width and area, the parcels involved shall be considered an undivided
parcel for purposes of this chapter. No portion of said parcel shall
be used or sold in any manner which diminishes compliance with lot
width and area requirements established by this chapter. No division
of any parcel or lot shall be made which creates a lot with a width
or area below the minimum requirements of this chapter.
When at the effective date of adoption or amendment
of this chapter lawful use of land exists that is made no longer permissible
under the terms of this chapter, such use 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 of adoption or amendment of this chapter.
B.
No such nonconforming use shall be moved in whole
or in part to any other portion of the lot or parcel occupied by such
use at the effective date of adoption or amendment of this chapter.
C.
If such nonconforming use of land ceases for any reason
for a period of more than six months, any subsequent use of such land
shall conform to the regulations specified by this chapter for the
district in which such land is located.
Where a lawful structure exists at the effective
date of adoption or amendment of this chapter that could not be built
under the terms of this chapter by reason of restrictions on area,
lot coverage, height, yards, or other characteristics of the structure
or its location on the lot, such structure may be continued so long
as it remains otherwise lawful, subject to the following:
A.
No such structure may be expanded in a way which increases
its nonconformity. A nonconforming structure may be expanded if the
addition(s) conform(s) with all Zoning Ordinance requirements for
the district in which the structure is located.
B.
Should such structure be destroyed by any means to
an extent of more than 50% of its replacement value, it shall not
be reconstructed except in conformity with the provisions of this
chapter.
C.
Should such structure be moved for any reason, it
shall thereafter conform to the regulations for the district in which
it is located after it is moved.
D.
A nonconforming structure may be altered to decrease
its nonconformity, subject to issuance of necessary permits in accordance
with § 515-116.
If a lawful use of a structure or of structures
and land in combination exists at the effective date of adoption or
amendment of this chapter that would not be allowed in the district
under the terms of this chapter, 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 chapter in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved or structurally altered
except to accommodate a change in 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, and which existed at the time of adoption or amendment of
this chapter, 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 structures and premises may be changed to another nonconforming use, provided that the Board of Appeals, 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 accord with the purpose and intent of this chapter in conformance with § 515-189.
D.
Any structure or structure and land in combination
in or on which a nonconforming use is superseded by a permitted use
for any period of time shall thereafter conform to the regulations
for the district in which such structure is located, and the nonconforming
use may not be resumed.
E.
When a nonconforming use of a structure or structure
and premises in combination is discontinued or ceases to exist for
six consecutive 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. Structures
occupied by successive constant seasonal uses shall be excepted from
this provision.
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.
Nothing in this chapter shall be deemed to require
a change in the plans, construction or designated use of any building
on which actual construction was lawfully begun prior to the effective
date of adoption or amendment of this chapter and upon which actual
building construction has been diligently continued. Actual construction
is hereby defined to include the placing of construction materials
in a permanent manner; except that, where demolition or removal of
an existing building has been substantially begun preparatory to rebuilding,
such demolition or removal shall be deemed to be actual construction,
provided that work shall be diligently carried on until the completion
of the building involved.
A.
On any building or structure devoted in whole or in
part to any nonconforming use, work may be done in any period of 12
consecutive months on ordinary repairs or on repair or replacement
of nonbearing walls, fixtures, wiring or plumbing to an extent not
exceeding 25% of the market value at the date of repair, provided
that the floor area or cubic area of the building as it existed at
the time of passage or amendment of this chapter shall not be increased.
Special land uses which are approved by the
Planning Commission as provided in this chapter shall not be deemed
a nonconforming use.
There may be a change of tenancy, ownership
or management of any existing nonconforming uses of land, structures
and premises, provided there is no change in the extent, size, nature
or character of such nonconforming uses.
