The purpose of this chapter is to provide for the regulation of nonconforming uses, buildings and structures, and to specify those circumstances and conditions under which nonconforming buildings, structures and uses shall be gradually eliminated upon reaching the end of their respective normal useful life. (Ord. O-46-10, 10-12-2010)

   A.   Authority To Continue: Any existing legal nonconforming building, structure, or use and any building, structure, or use which becomes nonconforming after October 12, 2010, may continue subject to the provisions of this chapter, so long as it complies with all other laws, codes, rules and regulations applicable to the building, structure or use.

   B.   Burden On Property Owner To Establish Legality: In all cases, the burden of establishing the legality of a nonconformity under the provisions of this chapter shall be upon the property owner of the nonconforming building, structure, or use. (Ord. O-46-10, 10-12-2010)

This section regulates land, buildings and structures that, on October 12, 2010, are used in whole or in part for a purpose is not a permitted use or conditional use in the zoning district in which property is located or in a planned unit development for the property, or are not otherwise authorized by the village council ordinance.

   A.   Expansion Of Use: A nonconforming use of land, or a nonconforming use within a building or a structure shall not be expanded, extended, enlarged or increased in intensity. Such prohibited activity shall include, without limitation:

      1.   An expansion or extension of a nonconforming use or its accessory uses to any land area other than that area occupied by the nonconforming use on October 12, 2010.

      2.   An expansion or extension of the nonconforming use or its accessory uses within a building or other structure, to any portion of the building or structure that was not occupied by the nonconforming use on October 12, 2010.

Notwithstanding the foregoing, a single-family or two-family residential use in any residential zoning district may be expanded in conformance with the requirements of the underlying zoning district in which it is located.

   B.   Relocation: A nonconforming use of land, or a nonconforming use within a building or structure shall not be relocated, in whole or in part, to any other location on the same lot or parcel, or to any other lot or parcel unless said lot or parcel is located in a zoning district which the permitted or conditional use and the conditional use has been approved pursuant to this title.

   C.   Change Of Use: A nonconforming use shall not be changed to any use other than: 1) a use permitted by right within the zoning district, or PUD in which it is located, or 2) a use allowed as a conditional use, for which a conditional use applicable to the property has been granted. Thereafter, that part of the land, building or structure occupied by the permitted use or granted conditional use shall not thereafter be changed back to a use that is not allowed within the zoning district or PUD in which it is located. Any change in use in violation of this chapter shall be deemed an abandonment of the previously existing legal nonconforming use.

   D.   Abandonment: Except as provided in subsection 9-4C-5D of this title, if that part of a building, structure or land occupied by a nonconforming use is not used or is vacant for one hundred eighty (180) continuous days or more, such nonconforming use shall be deemed abandoned and shall not be reestablished or resumed. Any subsequent use or occupancy of such building, structure or land shall comply with all regulations of the zoning district in which such building, structure or land is located.

Notwithstanding the foregoing, if the use in a residential structure is discontinued for a period of time by reason of bankruptcy or foreclosure, such period of time shall not be included for purposes of calculating the length of discontinuance.

   E.   Damage Or Destruction: Except as provided herein below, a building, structure, or portion thereof, all or substantially all of which is designed or intended for a use which is not allowed in the zoning district in which it is located and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed fifty percent (50%) of the total cost of reconstructing the entire building or structure, shall not be restored unless said building or structure and the use thereof shall conform to all regulations of the zoning district in which it is located. In the event that such damage or destruction is less than fifty percent (50%) of the total cost of reconstructing the entire building or structure, restoration of the building or structure may be made only if such restoration work is started within one year from the date of the damage to the building or structure and is completed within one year of the issuance of the building permit for such restoration.

In any residential zoning district, if a legal nonconforming single-family or two-flat use in a principal structure (excluding coach homes) is destroyed or damaged by fire, explosion, acts of God or by any means not within the control of the property owner or tenant, to the extent that the cost of restoring the building or structure to its original condition prior to incurring the damage exceeds fifty percent (50%) of the cost of the replacement value of the entire building or structure, it may nevertheless, be rebuilt to its original use as a single-family or two-flat before such casualty or loss. (Ord. O-46-10, 10-12-2010)

This section regulates buildings and structures existing on October 12, 2010, that do not conform to the yard, height, lot coverage, or other dimensional or bulk provisions of this title.

   A.   Ordinary Repairs And Maintenance: Normal maintenance and incidental repairs, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed on any legal, nonconforming building or structure. No repairs or nonstructural alterations shall be made that will create any new nonconformity or increase the degree of any previously existing nonconformity.

   B.   Structural Alterations: Structural alterations, other than additions and enlargements, may be performed on a legal, nonconforming building or structure, only in the following situations:

      1.   When the alteration is required by law or is necessary to restore the building or structure to a safe condition upon the order of an official charged with protecting the public safety;

      2.   When the alterations will not create any new nonconformity or increase the degree of any existing nonconformity; or

      3.   When the alteration will result in the elimination of the nonconformity.

   C.   Structural Additions And Enlargements: A building or structure, which is nonconforming with respect to its bulk shall not be enlarged or added onto except as follows:

      1.   Zoning Administrator Authorization:

         a.   Accessory Garages To Single-Family Uses: The zoning administrator or his designee is authorized to approve an application to allow a maximum of one existing accessory garage structure on a lot which is legally nonconforming due only to lot coverage and/or side or rear yard requirements, to be replaced in kind or smaller, when greater compliance cannot reasonably be achieved, provided that no part of the new garage, including any eaves, extends beyond the property line, and further provided that, in the opinion of the zoning administrator, the garage cannot be resized and/or repositioned on the lot to better conform or comply with one or more requirements of this title. The approval granted by this section does not change the status of the new structure from its legal nonconforming status.

         b.   Additions Or Enlargements To Single-Family Or Two-Family Uses: In any zoning district, the zoning administrator or his designee may authorize an addition or enlargement to a single-family or two-family principal structure (excluding coach homes), or for any structure being legally converted to a single-family or two- family principal structure, in the following instances if the current automobile parking satisfies or can be modified to satisfy the requirements of chapter 8 of this title:

            (1)   If the addition or enlargement complies with all other regulations of this title and does not increase the number of dwelling units. (Example: An addition to a nonconforming structure that is located on that part of the structure that is conforming, if it otherwise complies with all other zoning standards.)

            (2)   If such structure is nonconforming due only to an encroachment into a required side yard area and the addition or enlargement along said nonconforming setback satisfy all of the following criteria:

               (A)   It does not increase the number of dwelling units; and

               (B)   The addition or enlargement does not further encroach into the nonconforming side yard; and

               (C)   The addition or enlargement does not require any other variation or relief pursuant to this title; and

               (E)   The addition or enlargement is one foot (1') or more from the side lot line; and

               (F)   The addition or enlargement is greater than five feet (5') from any other principal structure.

      2.   Zoning Administrator Hearing:

         a.   In any zoning district, an addition to or an enlargement of a single-family or two-family principal structure (excluding coach homes), or for any structure being legally converted to a single- family or two-family principal structure, may be made to the nonconforming structure when authorized by the village council by ordinance pursuant to a public hearing conducted by the zoning administrator or his designee, provided the nonconforming structure satisfies the following:

The structure is nonconforming due only to an encroachment into required front, side and/or rear yards, and/or automobile parking does not satisfy chapter 8 of this title and all of the following apply:

            (1)   The addition or enlargement does not increase the number of dwelling units; and

            (2)   The addition or enlargement will not further encroach into the nonconforming yard; and

            (3)   The addition or enlargement does not result in less than seventy five percent (75%) of the required front yard area pursuant to subsection 9-3A-3C1 or 9-3B-3C1 or 9-3C-3C of this title or required rear yard area pursuant to subsection 9-3A-3C3 or 9-3B-3C3 or 9-3C-3C of this title; and

            (4)   The addition or enlargement does not require any other variation or relief; and

            (5)   The addition or enlargement is at least one foot (1') or more from any side lot line; and

            (6)   The addition or enlargement is greater than five feet (5') from any other principal structure.

      3.   Planning and Zoning Commission Hearing: An application for an addition or enlargement to a nonconforming structure that does not meet the provisions of subsection C1 or C2 of this section, may be authorized by the village council by ordinance after a public hearing conducted by the Planning and Zoning Commission, as provided in subsection 9-10-4C of this title.

   D.   Relocation: A nonconforming building or structure shall not be relocated, in whole or in part, to any other location on the same zoning lot or parcel, or to any other zoning lot or parcel, unless the building or structure shall thereafter conform to all regulations of the zoning district in which it is located.

   E.   Damage Or Destruction:

      1.   Except as provided herein below, no legal nonconforming building or structure which has been damaged by fire, explosion, act of God by any means not within the control of the property owner or tenant, to the extent of more than fifty percent (50%) of its replacement value at the time of destruction, shall be restored except in conformity with the regulations of the district in which it is located.

The replacement value of the building or structure shall be determined the lesser of: a) the gross sale price of the building or structure within the previous year; b) the value of the structure as determined by an MAI appraisal not less than two (2) years from the date of damage or destruction; c) when insured, the amount for which the building, structure or property was insured prior to the date of the damage or destruction; or d) an alternative method determined acceptable by the zoning administrator.

If a nonconforming single-family or two-family structure is destroyed or damaged by fire, casualty or act of God to such an extent that the cost of restoring it to its original condition prior to incurring the damage exceeds fifty percent (50%) of the replacement value, it may nevertheless, be rebuilt to a condition that conforms to those standards of the zoning district in which it is located as required by the zoning administrator, but shall in no instance be more nonconforming than its original condition before such casualty or loss.

      2.   When a nonconforming building or structure is damaged or destroyed by any means not within the control of the property owner or tenant to the extent of less than fifty percent (50%) of the replacement value at that time, it may be repaired or reconstructed provided that no new nonconformities are created and that the degree of nonconformity existing prior to the damage or destruction is not increased. A building permit shall be obtained for such rebuilding, restoration, repair or reconstruction within one year of the date of damage or destruction, and the construction shall be completed within one year of issuance of the building permit.

      3.   In the event that a building permit is not obtained within one year, or that repairs are not completed within one year of the issuance of the building permit, then the building or structure shall not be restored unless it conforms to all regulations of the district in which it is located.

      4.   In the event that any nonconforming building or structure or part thereof is removed, demolished or destroyed by means within the control of the property owner or tenant, the building or structure or part thereof that was removed, demolished or destroyed, as restored or repaired, shall comply with all requirements of this title. (Ord. O-46-10, 10-12-2010; amd. Ord. O-26-19, 8-26-2019; Ord. O-20-22, 5-9-2022)

   A.   Application: Applications for a change to a nonconforming building, structure or use shall be filed in accordance with the requirements of section 9-10-8 of this title.

   B.   Public Hearing: When required, a public hearing shall be set, noticed, and conducted by the Planning and Zoning Commission or the zoning administrator or his designee in accordance with subsection 9-10-4C of this title.

   C.   Action By Planning and Zoning Commission: Within sixty (60) days after the conclusion of the public hearing, the Planning and Zoning Commission shall render a written recommendation to the village council, recommending either granting the application for a change to the nonconforming building, structure or use; granting the application with conditions; granting a change to the nonconforming building, structure or use less than or different from that sought in the application; or denying the application. The failure of the Planning and Zoning Commission to act within sixty (60) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the application for a change to the nonconforming building, structure or use.

   D.   Action By Zoning Administrator: Within thirty (30) days after the conclusion of the public hearing held by the zoning administrator, the zoning administrator shall render a written recommendation to the village council either granting the application for a change to the nonconforming building, structure or use; granting the application with conditions; granting a change to the nonconforming building, structure or use less than or different from that sought in the application; or denying the application. The failure of the zoning administrator to act within thirty (30) days, or such further time to which the applicant may agree, shall be deemed a recommendation for the denial of the application for a change to the nonconforming building, structure or use.

   E.   Action By Village Council: Within forty five (45) days after the receipt of the recommendation of the Planning and Zoning Commission or the zoning administrator or his designee, or their failure to act as above provided, the village council shall either deny the application or, by ordinance duly adopted, shall grant the application with or without modification or conditions. The failure of the village council to act within such forty five (45) days, or such further time to which the applicant may agree, shall be deemed a denial of the application for a change to the nonconforming building, structure or use. (Ord. O-46-10, 10-12-2010; amd. O-20-22, 5-9-2022)