(a)

Any lawful use of land or structure, or any lawful structure located in a zoning district in which such use or structure exists on the effective date of the ordinance from which this chapter is derived, and whose use would be prohibited by the terms of this chapter, or whose bulk exceeds maximum dimensions established by the terms of this chapter, is declared to be a legal nonconforming use.

(b)

This chapter permits these legal nonconformances to continue until terminated by; voluntary act, by catastrophic event, 50 percent or more of the structure is altered or destroyed, or as otherwise provided herein. It is the intent of this chapter to encourage a conforming use where possible.

(c)

The zoning districts established by this chapter are designed to guide the future use of land within the village by encouraging the development or maintenance of desirable residential, business, office, and industrial areas within appropriate groupings and related uses and thereby promote and protect the public health, safety, general welfare and value of property located within the village.

(d)

The burden of establishing that any nonconformity is lawful existing under the provisions of this chapter shall, in all cases, be upon the owner of such nonconformity and not the village.

(e)

No accessory building or structure which has an assessed valuation of less than $5,000.00 on the effective date of the ordinance from which this chapter is derived, no accessory use which is nonconforming, may continue to exist after the nonconforming primary building, structure or use ceases to legally exist under the terms of this article.

(f)

The period of time in the determination of a discontinuance of a legal conforming use existing at the time of the adoption of this chapter shall not include any discontinuance caused by government actions, strikes, material shortages, or acts of God, unless by contributing fault of the entity maintaining the claim of the nonconforming use.

(Code 1964, § 30-8(A))

Separate restrictions are established for: nonconforming uses of land, nonconforming uses of structures, nonconforming structures, and nonconforming lots. The degree of restriction for each category is generally related to the degree of incompatibility and the degree for the potential cause of degradation of the public health, safety, general welfare, and value of property located within the village.

(Code 1964, § 30-8(B))

Nothing in this article shall be deemed to prevent the strengthening or restoration of a safe condition of a structure under village permit, in accordance with the then-existing building codes for those segments being strengthened or restored, and under order of the chief building inspector who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, provided that such restoration is not otherwise in violation of the various provisions of this article, chapter 12, article IV, division 3, or chapter 42.

(Code 1964, § 30-8(C))

Any nonconforming building or structure, whether that building or structure is designed for a permitted use, shall not be extended, expanded, enlarged or increased in intensity, unless otherwise provided in this division.

(Code 1964, § 30-8.03(A))

(a)

Except as otherwise provided in subsection (b) below, within any residential zoning district, a nonconforming single-family detached dwelling may be so expanded or enlarged so as to allow for an increase in the habitable area of the dwelling, provided that no increase in the extent of the nonconformity occurs, except as specifically provided herein below, and further provided that any such enlargement or addition conforms to all bulk, height, yard and land coverage requirements for the zoning district in which it is located. A building addition to an existing nonconforming structure that projects further horizontally into a required setback or further vertically above the maximum height is an example of an increase in the extent of the nonconformity. Notwithstanding this requirement, a single-family residential structure can be expanded vertically within the height regulations of this chapter without a zoning variation, provided there is no nonconforming expansion of the footprint of the structure, no horizontal expansion of living space beyond the existing footprint of the structure, and the proposed drip line for the residential structure is not extended beyond the existing drip line of the residential structure. However, in no case shall such expansion or enlargement create an increase in the number of dwelling units within the primary building or elsewhere on the same zoning lot.

(b)

Within any residential zoning district, a nonconforming single-family detached dwelling may be so expanded or enlarged so as to allow for a deck to be added to the dwelling, provided that such deck conforms to all bulk, height, yard and land coverage requirements for the zoning district in which it is located or as may be varied by the corporate authorities of the village. However, in no case shall such deck be thereafter enclosed.

(Code 1964, § 30-8.03(B); Ord. No. 2006-33, 4-24-2006; Ord. No. 2021-63, § 4, 7-12-2021)

Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, plumbing or heating/ventilation/air conditioning systems, may be performed on any building or structure not otherwise regulated herein or by other village ordinances or regulations. Further provided, that such maintenance or repair performed to a nonconforming building or structure does not constitute structural alterations, extensions, expansions, enlargements or an increase in intensity or use, unless otherwise permitted in this section.

(Code 1964, § 30-8.03(D))

(a)

If any nonconforming building or structure is destroyed by any means to the extent of 50 percent of the cost of replacement of such structure anew, and of that portion of the building or structure which is above the average ground elevation, such building or structure shall not be rebuilt or reoccupied for any use except in accordance with all then-existing regulations of the zoning district in which it is located.

(b)

In the event the damage or destruction is less than 50 percent of the cost of the replacement of such structure anew, and of that portion of the building or structure which is above the average ground elevation, such building or structure may be repaired or restored. However, in no case shall an extension or any nonconformity be allowed which would include, but be limited to: increase in bulk, create a change in yard or space, or increase land coverage. Further, such repair or restoration actually shall be begun under a legal village building permit issued within one year after the date of such partial damage or destruction and is completed within the lifespan of the building permit.

(c)

In no event shall any damage or destruction to a nonconforming building or structure, where such damage or destruction was within the control of the owner, be repaired or restored without being in conformity with all then-existing regulations of the zoning district in which the building or structure is located.

(Code 1964, § 30-8.03(E))

Nonconforming structures, including, but not limited to fences, hedges and signs, must conform to the then-existing applicable village ordinances governing these items.

(Code 1964, § 30-8.03(F))

(a)

The use of a lot of less width, frontage or area as hereinafter established for the several zoning districts may be authorized only by action of the president and board of trustees of the village upon the report and recommendation of the village planning and zoning commission.

(b)

Such action by the president and board of trustees may only take place after:

(1)

The holding of a public hearing in a manner and in conformity with procedures established by this chapter;

(2)

Proof has been offered by the petitioner that such lot was of public record on November 19, 1924;

(3)

That said lot cannot reasonably be enlarged by acquisition of adjoining land or reasonably disposed of to owners of adjoining land; and

(4)

That said lot or group of lots which were under the same ownership of public record on November 19, 1924, shall not be diminished or further diminished in width, depth or area, so as to leave any building or structure then standing or thereafter constructed thereon with a zoning lot of less width, frontage or area as hereinbefore stated for the several zoning districts, even though ownership of one or more of such lots, or portions thereof, has been transferred to other parties since the establishment of ownership of public record on November 19, 1924 for property situated within any residential zoning district, and on the effective date of the ordinance from which this chapter is derived for all other zoning districts, as may require minimum width, frontage and area requirements.

Further, that such authorization by the president and board of trustees may be granted at a regular board meeting and only after the denial of a permit, proper taking of appeal and holding of a public hearing, the receipt of a written recommendation approved by a majority of the membership of the village planning and zoning commission.

(Code 1964, § 30-8.04; Ord. No. 2013-69, § 24, 12-16-2013)

Within 30 days following the public hearing, including any continuation of such hearing, the body holding such hearing shall, after open and complete deliberations, forward, in writing, its recommendation and any conditions to the village board. Property requested solely for a change in its zoning district classification, other than the terms of a planned development, may not have conditions placed upon the recommendation.

(Code 1964, § 30-8.04(C))

A nonconforming use of land shall not be extended, enlarged or increased in intensity except as otherwise provided in this chapter. Such prohibited extensions, expansions, enlargements or increase in intensity shall include, but not be limited to:

(1)

Construction of or alteration to an accessory building, structure or establishment of an accessory use, including parking or loading areas, even where such accessory building, structure or use is in conformity with all other provisions and terms of this chapter.

(2)

An extension of use to include a building, structure or land, including parking and loading areas, not occupied for the purpose of such use on the effective date of the ordinance from which this chapter is derived or any amendment hereto which causes it to be nonconforming.

(Code 1964, § 30-8.01(A); Ord. No. 2021-59, § 4, 6-28-2021)

Except as may be otherwise provided for in this division, any lawfully existing nonconforming use may continue so long as it remains otherwise lawful.

(Code 1964, § 30-8.01(B))

(a)

No nonconforming use of land may be changed to another use unless that use is wholly in conformity with the regulations of the zoning district in which the land is located. No use shall be allowed to be added whether or not in conformity with the uses and regulations of the zoning district in which the land is located. No other use shall be allowed to be added whether or not in conformity with the uses and regulations of the zoning district in which the land is located.

(b)

Whenever a nonconforming use of land is changed to a conforming use, such use shall not thereafter be changed to a less restrictive or otherwise nonconforming use.

(Code 1964, § 30-8.01(C))

Whenever a nonconforming use of land not involving a primary building or structure or involving only an accessory building or structure is discontinued or abandoned for a period of six consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

(Code 1964, § 30-8.01(D))

A building or structure devoted in whole or in part to a nonconforming use, whether that building or structure is designed for a permitted use, shall not be extended, expanded, enlarged or increased in intensity. Such prohibited extensions, expansions, enlargements or increases in intensity shall include, but not be limited to:

(1)

Construction or alteration to an accessory building, structure or establishment of an accessory use, including parking or loading area, even where such accessory building, structure or use is in conformity with all other provisions of this chapter.

(2)

An extension of use to include a building, structure or land, including parking and loading area, not occupied for the purpose of such use on the effective date of the ordinance from which this chapter is derived or any amendment hereto which causes it to be nonconforming.

(3)

Any structural alteration unless the use thereof shall thereafter conforms to the use regulations of the zoning district in which it is located. No such alteration shall create a new parking area, loading space, increase the bulk, either vertically or horizontally, change in yard space or increase the degree of any existing parking area, loading space, bulk, reduction or alteration of any yard space.

(4)

A conversion of any multiple-family apartment building to a condominium unless the off-street parking requirements contained in this chapter be met.

(Code 1964, § 30-8.02(A))

Except as may be otherwise provided for in this division, any lawfully existing nonconforming use may continue so long as it remains otherwise lawful.

(Code 1964, § 30-8.02(B))

(a)

A nonconforming use, whether located in a conforming building or structure, may not be changed to another use unless that use is a nonconforming use that is more restrictive use and such new use is a permitted use in the zoning district in which the building or structure is located. No use shall be allowed, either interior or exterior to any building or structure housing a nonconforming use whether or not such use is in conformity with the then-existing uses and regulations of the zoning district in which the building or structure is located.

(b)

Whenever a nonconforming use of a building or structure has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.

(Code 1964, § 30-8.02(C))

Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, plumbing or heating/ventilation/air conditioning systems, may be performed on any structure or building utilized in whole or in part by a nonconforming use, provided such use does not constitute structural alterations, extensions, expansions, enlargements or increase in intensity of use.

(Code 1964, § 30-8.02(D))

(a)

If any building or structure devoted in whole or in part to a nonconforming use is destroyed by any means to the extent of 50 percent or more of the cost of replacement of such structure anew, and of that portion of the building or structure which is above the average ground elevation, such building or structure shall not be rebuilt or reoccupied for any use, except in accordance with all then-existing regulations of the zoning district in which it is located.

(b)

In the event the damage or destruction is less than 50 percent of the cost of replacement of such structure anew, and of that portion of the building or structure that is above the average ground elevation, such building or structure may be repaired or restored. However, in no case shall an extension of any nonconformity be allowed which would include, but not be limited to: expansion of parking area or loading space, increase in bulk, create a change in yard or space, or increase land coverage. Further, such repair or restoration is permitted only after a certificate of zoning compliance is obtained and repair or restoration shall actually begin after the issuance of a legal village building permit issued within one year after the date of such partial damage or destruction and if such repair or restoration is completed within the lifespan of the building permit. Failure to adhere to these requirements shall constitute a termination of use.

(c)

In no event shall any damage or destruction to a building or structure containing, in whole or in part, a nonconforming use, where such damage or destruction was within the control of the owner, be repaired or restored without being in conformity with all then-existing regulations of the zoning district in which the building or structure is located.

(Code 1964, § 30-8.02(E))

Whenever a nonconforming use of a building or structure or involving a building or structure that is accessory to the nonconforming use of land is discounted or abandoned for a period of 12 consecutive months, regardless of any intent to resume or not to abandon such use, such use shall not thereafter be reestablished or resumed. Any subsequent use of occupancy of such building or structure shall comply with the then-existing use regulations of the zoning district in which such land is located.

(Code 1964, § 30-8.02(F))