This article shall govern uses, structures, lots and other situations that were lawfully created under prior zoning regulations but that do not comply with all the requirements of this chapter. The regulations of this article apply to nonconforming uses, nonconforming structures, and nonconforming lots.

(Ord. of 4-3-2006, § 17.304)

Uses, structures and lots that legally came into existence, but which are nonconforming in respect to this chapter, may continue to exist. Such nonconformities shall be brought into compliance with this chapter to the extent reasonably possible. This article addresses such uses, structures and lots that no longer comply with one or more regulations of this chapter. These regulations are intended to recognize property owners' interests in continuing the use of their properties, promote the adaptive reuse of existing buildings and to reasonably limit expansions and alterations of nonconformities that may have the potential to adversely affect neighboring properties. The property owner shall have the burden of establishing that a nonconformity was legally established under prior zoning regulations.

(Ord. of 4-3-2006, § 17.304)

(a)

Definition. The term "nonconforming uses," when used in this article, means uses that were legally established in accordance with the zoning standards in effect at the time of their establishment, but that do not comply with the use regulations of the underlying zoning district provided for this chapter.

(b)

Modification. Nonconforming uses shall not be expanded or enlarged. Nonconforming uses may be changed to conforming uses provided all other requirements of this chapter are met as applicable to the new use.

(c)

Loss of legal nonconforming status. If a nonconforming use ceases for any reason for a continuous period of 12 months or more, the use shall be considered abandoned and the use's legal nonconforming status shall lapse. Any subsequent use of the property shall comply with the regulations of this chapter for the zoning district in which it is located. Accessory uses to principal uses that have lost their nonconforming status shall also be deemed to have lost their legal nonconforming status unless such accessory use meets all the regulations of this chapter.

(d)

Change of ownership. Nonconforming status shall not be affected by changes in ownership.

(Ord. of 4-3-2006, § 17.304; Ord. No. 2015-3, § 1, 9-15-2015)

(a)

Definition. The term "nonconforming structures," when used in this section, means buildings or structures that were legally established in accordance with the zoning regulations in effect at the time of their establishment, but which do not comply with the dimensional regulations of the underlying zoning district provided in this chapter.

(b)

Modifications of nonconforming structures limited. Nonconforming structures may be structurally modified only if the modification does not increase the level of structural nonconformity. Total structural repairs or alterations of a nonconforming structure shall not, during its life, exceed 50 percent of the structure's assessed value.

(c)

Use. Uses allowed within nonconforming structures are those allowed in the underlying zoning district as provided in this chapter, unless such use also has legal nonconforming status.

(d)

Relocation. Nonconforming structures moved to a different lot shall conform to all the requirements of this chapter. Nonconforming structures may not be moved upon the same lot unless such movement eliminates or decreases the extent of the nonconformity.

(e)

Restoration.

(1)

If nonconforming structure is damaged by violent wind, vandalism, fire, flood, ice, snow, mold or infestation, the structure may be reconstructed to the size, location, and use that it had immediately before the damage or destruction occurred if repairs are commenced within six months after the damage and continue to completion within one year after the damage, unless the village board grants an extension at the property owner's request. Time extensions shall be allowed only if the property owner can show that reconstruction was commenced within six months after the damage and that reasonable progress has been made towards completion. If reconstruction does not commence within six months after the damage or does not continue to completion within one year after the damage and the village board does not grant an extension, the village may order the structure removed and the area cleared.

(2)

Nothing in this article shall be construed to prevent structures from being structurally strengthened or restored to safe condition in accordance with an official order from the village. The size of a structure rebuilt under this section is allowed to be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements. Nothing in this article shall be construed to limit the village's ability to exercise its authority under applicable law to require that unsafe buildings or structures that have the potential to create public harm be removed.

(f)

Change of ownership. Nonconforming status shall not be affected by changes in ownership.

(Ord. of 4-3-2006, § 17.304; Ord. No. 2015-3, § 2, 9-15-2015)

(a)

Definition. Nonconforming lots are lots that were legally created in accordance with the zoning regulations in effect at the time of their establishment, but which do not comply with the dimensional regulations of the underlying zoning district provided for in this chapter.

(b)

Use of nonconforming lots.

(1)

In residential districts, nonconforming lots may be used for detached single-family residences and related accessory structures, provided all other applicable regulations of the zoning district are complied with and that the lot dimensions and area are at least 70 percent of those required by this chapter.

(2)

In nonresidential zoning districts, nonconforming lots may be used only for the uses allowed in the underlying zoning districts provided in this chapter. If some uses allowed in the underlying zoning district, because of intensity requirements or other applicable regulations, would comply with the applicable lot area, width or other dimensional standards while other uses would not, only those uses that comply shall be allowed.

(Ord. of 4-3-2006, § 17.304)