A.
This article regulates and limits the continued existence of uses,
structures or other improvements established prior to the effective
date of this chapter that do not conform to the regulations of this
chapter applicable in the zoning districts in which such nonconformities
are located.
B.
The zoning districts established by this chapter are designed to
guide the future use of the Village's land by encouraging the
development of desirable residential and mixed-use areas with appropriate
groupings of compatible and related uses and thus to promote and protect
the public health, safety and general welfare.
C.
The continued existence of certain nonconformities is frequently
inconsistent with the Comprehensive Plan, and thus the gradual elimination
of such nonconformities is desirable. Other nonconformities may continue
to exist and afford adaptive reuse opportunities that can contribute
to neighborhood character, diversity and services.
D.
The regulations of this article are intended to restrict further
investments that would make nonconformities more permanent in their
location in inappropriate districts or locations as well as to afford
opportunities for creative use and reuse of those other nonconformities
that contribute to a neighborhood and are consistent with the goals
of the Comprehensive Plan.
A.
Continuance. Any lawfully existing nonconforming use may be continued
so long as it remains otherwise lawful, subject to the regulations
contained in this section. Ordinary repair and maintenance or replacement,
and installation or relocation of nonbearing walls, nonbearing partitions,
fixtures, wiring or plumbing, may be performed.
B.
Structural alteration or enlargement. No structure shall be structurally
altered or enlarged unless the use thereof shall thereafter conform
to the regulations of the zoning district in which it is located.
No parking, yard, space or bulk nonconformity may be created or increased.
C.
Damage or destruction.
(1)
When a structure is damaged or destroyed by any means not within
the control of the owner, to the extent of more than 50% of the cost
of replacement of the structure new, the structure shall not be restored
unless its use thereafter conforms to the use regulations of the zoning
district in which it is located. No parking, yard, space or bulk nonconformity
may be created or increased.
(2)
When a structure is damaged or destroyed by any means not within
the control of the owner thereof to the extent of 50% or less of the
cost of replacement of the structure new, repair or restoration of
such structure may be made; provided, however, that:
(3)
In no event shall any damage or destruction to such a structure by
any means within the control of the owner be repaired or restored,
except in accordance with this chapter.
D.
Moving. No structure or use of land shall be moved in whole or in
part, for any distance whatsoever, to any other location on the same
or any other lot, unless the entire structure and/or use conforms
to all regulations of the zoning district in which it is located after
being so moved.
E.
Expansion of use. No use shall be expanded, enlarged or increased
in intensity. Such prohibited activity shall include, but shall not
be limited to:
(1)
Expansion of such use to any structure or land area other than that
occupied by such nonconforming use on the effective date of this chapter,
or any amendment hereto, which causes such use to become nonconforming.
(2)
Expansion of such use within a building or other structure to any
portion of the floor area that was not occupied by such nonconforming
use on the effective date of this chapter, or any amendment to this
chapter, which causes such use to become nonconforming.
(3)
An extension of the hours of operation of such use beyond the existing
hours of operation at the adoption of this chapter shall not be allowed.
F.
Change in use.
(1)
A nonconforming use in a structure designed for a use permitted in
the district in which it is located shall not be changed to any use
other than a use permitted in the zoning district in which the property
is located.
(2)
Once changed to a permitted use or to a more restrictive use in accordance with Subsection F(1) above, the use shall not be changed back to the prior nonconforming use. The use is changed when an existing nonconforming use is terminated and a new use commences and continues for a period of seven consecutive days, including any change of use in violation of this subsection.
G.
Abandonment or discontinuance.
(1)
When the active operation of all or a portion of a nonconforming
use is discontinued or abandoned for a period of nine consecutive
months, regardless of any intent to resume or not to abandon the use,
the use or portion thereof shall not be reestablished or resumed.
The active operation of a use shall be the typical or normal activities
associated with the use. In the case of abandonment or discontinuance
of all of a nonconforming use, any subsequent use or occupancy of
such land or structure shall comply with the use regulations of the
zoning district in which such structure is located. In the case of
abandonment or discontinuance of a portion of a nonconforming use,
the remaining occupied portion of the nonconforming use may continue
subject to the provisions of this subsection.
(2)
For the purpose of this section, the following circumstances, which
shall not be exclusive, shall contribute towards evidence of discontinuance
or abandonment of a use:
(a)
Failure to maintain regular business hours, typical or normal
for the use (past operations of the use and/or industry standards
may be used to determine typical or normal hours); or
(b)
Failure to maintain equipment, supplies or stock-in-trade, which
would be used for the active operation of the use; or
(c)
Failure to maintain utilities which would be used for the active
operation of the use; or
(d)
Failure to pay taxes, including, but not limited to, sales taxes,
workers' compensation taxes, corporate taxes, etc. that would
be required for the active operation of the use; or
(e)
Failure to maintain required local, state or federal licenses
or other approvals that would be required for the active operation
of the use. Prior to a determination by the Code Enforcement Officer,
based upon evidence of any of the above circumstances or other relevant
evidence that a nonconformity has been discontinued or abandoned,
the owner or operator shall have the opportunity to apply for a certificate
of nonconformity and, thereby, establish by relevant and credible
evidence that the use has not been discontinued or abandoned.
(3)
The legality of one or more nonconforming uses located within a property
shall not affect the determination that another nonconforming use
on the same property has been discontinued or abandoned.
(4)
An owner or operator shall have the opportunity to submit any evidence
or proof that the property and its use have not been discontinued
or abandoned. The Code Enforcement Officer shall then issue a letter
of determination based upon the evidence of any of the above circumstances
or other relevant evidence that nonconformity has continued, been
discontinued or abandoned.
H.
Nonconforming accessory uses and structures. No use, structure or
sign that is accessory to a principal nonconforming use or structure
shall continue after such principal use or structure shall have ceased
or terminated.
I.
Uses deemed conforming. A mobile home park or marina existing in
the Residential District at the time of the adoption of this chapter,
or any amendments thereto, shall be deemed a conforming use upon the
lot then devoted to such use, provided that such use has been legally
established.
A.
Continuance. Any nonconforming structure which is devoted to a use
which is permitted in the zoning district in which it is located may
be continued so long as it remains otherwise lawful, subject to the
restrictions in this section.
B.
Repair or alterations. Any nonconforming structure may be maintained,
repaired or altered, provided no additional nonconformity is created
or the degree of the existing nonconformity is increased. Any permit
issued for a nonconforming structure or use is subject to site plan
review.
C.
Damage or destruction.
(1)
In the event that any part of a nonconforming structure which contributed
to its nonconformity is damaged or destroyed, by any means, to the
extent of more than 50% of the cost of replacement of said part new,
such part shall not be restored unless it shall thereafter conform
to the regulations of the zoning district in which it is located.
(2)
When any part of a nonconforming structure is damaged or destroyed,
by any means, to the extent of 50% or less of the cost of replacement
of such part new, no repairs or restoration, except in conformity
with the applicable zoning district regulations, shall be made unless
a zoning certificate is obtained and restoration is actually begun
within one year after the date of such partial destruction and is
diligently pursued to completion.
D.
Moving. No nonconforming structure shall be moved in whole or in
part, for any distance whatsoever, to any other location on the same
or any other lot unless the entire structure shall thereafter conform
to the regulations of the zoning district in which it is located after
being moved.
A.
In any district in which single-family dwellings are a permitted
use, notwithstanding the regulations imposed by any other provisions
of this chapter, a single-family detached dwelling which complies
with the yard, space and bulk requirements of the district in which
it is located may be erected on a nonconforming lot. This includes
construction of a single-family dwelling on any lot less than 50 feet
in width, consisting entirely of one tract of land of not less than
5,000 square feet.
B.
In any district in which single-family dwellings are not permitted,
a nonconforming lot of record may be used for any use permitted in
the district in which it is located if site plan approval is granted
in accordance with the provisions of this chapter.
