As used in this chapter, the following terms
shall have the meanings indicated:
A structure or lot that does not conform to a dimensional
regulation prescribed by this chapter for the district in which it
is located or to regulations for signs, off-street parking, off-street
loading or accessory buildings, but which structure or lot was in
existence at the effective date of this chapter and was lawful at
the time it was established.
A use of a building or lot that does not conform to a use
regulation prescribed by this chapter for the district in which it
is located, but which was in existence at the effective date of this
chapter and was lawful at the time it was established.
The lawful use of any structure or land existing
at the effective time of this chapter may be continued although such
use does not conform with the provisions of this chapter, except as
otherwise provided in this article.
A.
A use of land or structure which does not conform
to the regulations of this chapter shall not be altered, reconstructed,
extended or enlarged, except in accordance with the following provisions:
(1)
Such change shall be permitted only by special permit.
(2)
Such alteration or extension shall be permitted only
upon the same lot as in existence at the date the use became nonconforming.
(3)
Any increase in volume, area or extent of the nonconforming
use shall not exceed an aggregate of more than 50% during the life
of the nonconformity.
B.
A structure which does not conform to the regulations of this chapter may be altered, reconstructed, or enlarged, provided that no such nonconformity is increased beyond its extent on the date that it became a nonconformity, except as provided that the use of the structure also falls under Subsection A of this section and any change shall be subject to the provisions of that subsection.
No structure damaged by fire or other causes
to the extent of more than 75% of its fair market value shall be repaired,
reconstructed or used except in conformity with the regulations of
this chapter. Structures with damage to the extent of 75% or less
of the fair market value may be constructed, repaired or used for
the same nonconforming use, subject to the following provisions:
Whenever a nonconforming use has been discontinued
for one full year, such use shall not thereafter be reestablished,
and any future use shall be in conformity with the provisions of this
chapter.
Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to another nonconforming use only under these conditions:
A.
Such change shall be permitted only by special permit.
B.
The applicant shall show that the nonconforming use
can not reasonably be changed to a use permitted in the district where
such nonconforming use is located.
C.
The applicant shall show that the proposed change
will be less objectionable in external effects than the existing nonconforming
use with respect to:
No nonconforming use shall be extended to displace
a conforming use.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses or structures existing therein
or resulting form such change of district.
Zoning permits shall be issued by the Zoning
Officer for all lawful nonconforming uses existing at the effective
date of this chapter. The zoning permit shall include a statement
that the use is nonconforming and shall list the specific conditions
under which said use may continue.
Lots duly noted upon the tax rolls of the Village
at the time of enactment of this chapter shall be deemed to be nonconforming
lots of record.
