The purpose of this chapter is to provide for the regulation of nonconforming lots, uses, buildings, and structures, and to specify the circumstances and conditions under which those nonconforming buildings, structures, uses, and lots may continue or shall be gradually eliminated in accordance with the authority granted by State statutes.

(Ord. No. O19-05-06, § 3, 5-21-2019)

Where a nonconforming lot can be used in conformity with all the regulations applicable to the intended use, except that the lot cannot meet the minimum lot area or lot width requirement set out in Section 14.2.5, Table of Dimensional Standards, then the lot may be used just as if it were conforming. However, no use that requires a greater lot size than the established minimum lot size in the particular district is permissible on the nonconforming lot. Where a nonconforming lot is adjacent to another lot which was in the same ownership at any time between the creation of the nonconforming status and that of the application for a permit under this chapter, then neither the owner of the lot nor his/her successors in interest may take advantage of the provisions of this section.

(Ord. No. O19-05-06, § 3, 5-21-2019)

1)

Except as specifically provided in this chapter, no person may engage in any developmental action that causes an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in either:

a)

An increase in the total amount of space devoted to a nonconforming use; or

b)

A greater nonconformity with respect to dimensional restrictions.

2)

Where a nonconforming situation exists, the volume, intensity, or frequency of use of the property may be increased, and the equipment or processes used at a location may be changed provided these or similar changes amount only to a change in the degree, as opposed to kind, of activity.

3)

A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming. A nonconforming use of a structure may be extended throughout any portion of a completed building which, at the time the use became nonconforming, was manifestly designed, or arranged to accommodate the use.

4)

Any nonconforming structure used for single-family residential purposes may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities.

5)

The demolition and replacement of accessory structures including but not limited to decks and sheds, required compliance with the provision established by the ordinance.

6)

Any lot with nonconforming lot coverage is permitted to replace impervious surfaces including, patios, driveways, and sidewalks without complying with lot coverage requirements.

(Ord. No. O19-05-06, § 3, 5-21-2019)

14.8.4.1. Repairs encouraged.

Minor repairs to and routine maintenance of structures where nonconforming situations exist are permitted. A major renovation is one were the costs of renovation are more than the assessed valuation.

14.8.4.2. Reconstruction of damaged residential single-family dwelling units.

In the event that a building exclusively in residential use in a residential district is partially or totally damaged that residential dwelling unit may be rebuilt or replaced by another unit as long as the use is conforming and the replacement does not create new nonconformities or increase the extent of existing nonconformities, and further provided that work is started within one (1) year of the occurrence and is diligently pursued to completion.

14.8.4.3. Reconstruction of other residential dwelling units and of nonresidential buildings.

In the event that a building in nonresidential use is damaged to the extent that cost of restoration to the condition in which it was before the occurrence will exceed the assessed valuation of the building at that time, then any construction must comply with all the standards of this chapter. If the extent of the damage is less than that set out above, the building may be restored or reconstructed provided that the construction will not create any new nonconformities or increase the extent of existing nonconformities, and further provided that work is started within one (1) year of the occurrence and is diligently pursued to completion.

14.8.4.4. Change in use of property where a nonconforming situation exists.

A nonconforming, nonstructural use of the land may not be changed to any use but a conforming use. When a nonconforming use of the land or a structure has been changed to a conforming use, it shall not after that time be used for any nonconforming use.

14.8.4.5. Moving.

No building or structure shall be moved in whole or part to any other location unless every portion of such building or structure, and the use thereof is made to conform to all regulations in this chapter.

14.8.4.6. Abandonment of a nonconforming or conditional use.

Whenever any nonconforming or conditional use is discontinued for a period in excess of 180 days with an intent to abandon the use, any future use shall be limited to those uses permitted under this chapter. The vacancy or nonuse of the land or structure shall be presumed to constitute a discontinuance under this provision.

(Ord. No. O19-05-06, § 3, 5-21-2019)

14.8.5.1. Vested rights of outstanding building projects.

Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure, or part thereof for which a building permit, zoning permit, or a conditional use permit has been validly issued and which remains valid.

14.8.5.2. Vested rights of other projects.

Except as provided in Section 8.5.1, all work on any nonconforming project shall cease on the effective date of the ordinance codified in this chapter, and all permits previously issued for work on nonconforming projects shall be revoked as of that date. After that time, work on nonconforming projects may begin or may be continued only pursuant to a building permit, zoning permit, or conditional use permit issued in accordance with this section. The permit issuing authority shall issue such a permit if it finds that the applicant has, in good faith, made substantial expenditures or incurred substantial binding obligations or otherwise changed his position in some substantial way in reasonable reliance on the land use law as it previously existed at the time in which good faith reliance occurred and as a result would be unreasonably prejudiced if not allowed to complete his project as proposed. Where a developer's plans indicate an intent to build in phases, his/her position shall be examined in respect to each phase. In considering whether these findings may be made, the permit issuing authority shall be guided by the following, as well as other relevant considerations:

This chapter establishes the circumstances under which a vested right is obtained, just as it does with respect to other nonconforming situations. It directs the administrator to examine how the developer's position is changed as a result of the change in this chapter.

1)

All expenditures made to obtain a building, zoning, or conditional use permit that was validly issued shall be considered as evidence of reasonable reliance. Furthermore, a person shall be considered to have acted in good faith if his/her action precedes a setting of a public hearing at which the change in the land use law was proposed.

2)

To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made the expenditures.

3)

To the extent that a nonconforming project can be made conforming and that expenditures made, or obligations incurred can be effectively utilized in the completion of a conforming project, a party shall not be considered prejudiced by having made the expenditures.

4)

An expenditure shall be considered substantial if it is significant both in dollar amount and in terms of the total estimated costs of the proposed project.

In the event that the village has issued a building permit to use a structure in accordance with the law prior to the effective date of the ordinance codified in this chapter, and where construction has begun within six (6) months of such effective date and is being prosecuted to completion, the structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, upon completion, may be occupied under a certificate of occupancy by the use originally designated.

(Ord. No. O19-05-06, § 3, 5-21-2019)

The owner of any building, structure, or use which is subject to discontinuation or abandonment under the terms of this chapter may apply to the Board of Zoning, Planning, and Appeals for a conditional use to allow such building, structure, or use to continue or be re-established. In such event, the procedures, terms, conditions, and standards for conditional uses set forth in Section 14.9.2.4 shall be used to evaluate the application.

(Ord. No. O19-05-06, § 3, 5-21-2019)