The purpose of this article is to provide for the shortterm maintenance of uses that do not conform to the provisions of this chapter and that were lawful at the time this chapter was adopted. The purpose is also to provide for the gradual elimination of nonconforming buildings, structures, and to those that conform to the provisions of this chapter in order to accomplish the objectives of the Municipal Code without undue burden to any single property owner.

(Code 1975, ch. 27, § 7.1)

Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this zoning ordinance and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of this zoning ordinance or of any subsequent amendments thereto may be continued, some for specified periods of time, subject to the regulations which follow.

(Code 1975, ch. 27, § 7.2)

7.3.1. Repairs and alterations. Ordinary repairs and alterations may be made to a nonconforming building or structure. However, no structural alterations shall be made to the building or structure unless such alterations shall cause such building or structure to conform to the regulations of the district in which it is located. "Structurally altered", as used in this section, means any change in the supporting members of the building without such alteration constituting an otherwise prohibited extension, enlargement, or reconstruction of a nonconforming building, structure or use. Such alterations do not include installation or replacement of building mounted solar energy systems.

7.3.2. In order to accomplish the objectives of the Municipal Code without posing any hazard to the public or occupants of buildings and structures, nothing in this chapter shall be deemed to prevent the strengthening or restoration of an unsafe structure in accordance with any order of a public official charged with protecting the public safety, and who finds that such structure is unsafe in its then-present condition, and that repair or restoration is not in violation of the provisions of this chapter governing the restoration of partially damaged or destroyed structures and signs.

(Code 1975, ch. 27, § 7.3; Ord. No. O-18-27, § 6, 7-19-2018)

In order to limit the burden of these nonconforming use regulations, the village has adopted different regulations for different classes of nonconforming uses. The classes of nonconforming uses are as follows:

7.4.1. Class 1: A class 1 nonconforming use is the use of a building or structure designed for the nonconforming use, and which would be required to undergo substantial modification in order to accommodate a conforming use.

7.4.2. Class 2: A class 2 nonconforming use is a use of a building or structure designed to accommodate uses that conform to the requirements of this chapter, and which could accommodate a conforming use without any substantial modification.

7.4.3. Class 3: A class 3 nonconforming structure is a building or structure not conforming as to bulk, height, required yard, floor area ratio, or setback, but is conforming as to use.

7.4.4. Class 4: A class 4 nonconforming use is a nonconforming use of land not involving a building or structure.

(Code 1975, ch. 27, § 7.4)

7.5.1. Improvements underground or at ground level. Nonaccessory improvements that are underground or substantially underground, have a current market value in excess of $5,000.00, and comprise substantially all the improvements enjoyed in nonconforming use of land shall be deemed nonconforming structures and subject to the applicable provisions of this chapter.

7.5.2. Nonconforming accessory use. The nonconforming use of land that is accessory to the nonconforming use of a building or structure may be continued for such time as the nonconforming use of the building or structure is permitted under the provisions of this article.

7.5.3. Relocation of building or structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of the building or structure moved and the use made thereof are made to conform to all of the regulations of the district in which it is to be located.

7.5.4. Restoration of buildings. A nonconforming building, except one identified through action by the president and board of trustees as being of historic significance, destroyed or damaged by fire or other casualty or act of God may be restored only if the cost of reconstruction to its condition prior to the casualty does not exceed 50 percent of the replacement cost of the entire building, and providing no restoration or reconstruction shall be undertaken unless it is started within one year from the date of notice by the zoning administrator of this provision or the date of partial destruction, whichever is later, and completed within 24 months from the date of partial destruction.

The time and cost limitations set forth herein shall not apply to any single-family dwelling located in a residential district providing reconstruction of the dwelling begins within 18 months from the date of partial destruction and is completed within 30 months. A nonconforming building, identified through action by the president and board of trustees as being of historic significance, may be restored in conformance with these provisions without respect to cost or replacement cost.

7.5.5. Accessory structures and buildings. The requirements for nonconforming uses of nonconforming buildings, structures, or uses shall apply to all accessory buildings or structures located on the same zoning lot except that an accessory building or structure existing on April 1, 1990, which does not conform with the following regulations shall be legal nonconforming as to those regulations but shall comply with all other ordinances at the time of its construction.

a.

Section 110-6.6.3.a—Accessory structure location, except that no part of a detached accessory structure may be located on any easement in which underground utilities are located.

b.

Section 110-6.6.4.d(1)—Fence height.

c.

Section 110-6.6.4.d(3)—Fence location.

d.

Section 110-6.1.2.g—Air conditioner location.

e.

Section 110-6.6.1.c—Driveway width.

f.

Section 110-6.6.1.m—Shed size and number.

g.

Section 110-6.1.2.g—Detached garage size.

h.

Section 110-6.6.3.d—Height of accessory buildings.

i.

Sections 18-1.1 and 107 of the building code—No permit.

7.5.6. Burden of establishing legal nonconforming use. The burden of establishing any lawful, nonconforming use is to be met by the owner or party seeking to continue the use, or any person seeking certification that property is used in conformance with this chapter. Such persons shall provide sufficient proof in a form acceptable to the zoning administrator of the following:

a.

Date of construction of the building or structure or date the use was established. (Proof may consist of a certified copy of the business license or building permit.)

b.

Continuous operation of the nonconforming use. (Proof may consist of affidavits signed by persons having personal knowledge of the use of the premises since the use was established.)

c.

Such other proof as may be deemed necessary by the zoning administrator.

7.5.7. Discontinuance of abandoned nonconforming use. Except as otherwise provided herein, the voluntary abandonment of any nonconforming use of a building, structure, or use for a period of four months shall terminate any rights conferred by this chapter to continue such nonconforming use.

7.5.8. Expansion of nonconforming structure. A nonconforming building or structure shall not be added to or enlarged in any manner unless such nonconforming building or structure, including all additions and enlargements thereto, is made to conform to the regulations of the district in which it is located, except in the following instances:

a.

If a dwelling unit has a legal nonconforming side, corner side, or rear building line, that line may be extended in a horizontal and/or vertical manner for the enlargement of that dwelling unit along only one legal nonconforming side.

b.

If the number of parking spaces for a dwelling unit is legal nonconforming and contains at least one enclosed parking space, the dwelling unit may be enlarged up to, but not exceeding, the maximum lot coverage of the district, provided the addition complies with all other sections of the municipal code.

7.5.9. Expansion of nonconforming use within a building.

a.

Class 1 nonconforming use of a portion of a building may be expanded throughout the building in which it is located, but no change to the exterior nor structural alteration shall be permitted, except as provided in section 110-7.2. No changes in class 1 nonconforming uses shall be permitted if such change would increase the bulk of such building or structure unless such change in bulk does not increase any nonconformity in bulk and otherwise conforms to all the provisions of the zoning district in which such building is located.

b.

Expansion of any class 2 nonconforming use of any building or structure into any other portion of the building or structure shall not be permitted.

c.

No expansion of class 4 nonconforming uses shall be permitted.

7.5.10. Expansion of hours. Expansion of hours of operation of any legal nonconforming use beyond the hours of operation on the effective date of this chapter shall not be permitted unless such expansion is authorized by a variation, in accordance with the procedure of this chapter.

7.5.11. Change in nonconforming use.

a.

A class 1 nonconforming use may be changed to another nonconforming use. Such a change shall be permitted only when it has been reviewed by the development commission and approved by the president and board of trustees as a variation. The jurisdiction over such change, the review of proposals and approval standards and procedures shall be the same as those which are applied for variations.

For the purpose of construing this requirement, the R-1 district shall be considered the most restrictive and the L-I district shall be considered the least restrictive.

b.

Class 2 and class 3 nonconforming uses shall not be changed to a different nonconforming use.

c.

Class 4 nonconforming uses shall not be changed, expanded, or extended beyond the area they occupy.

7.5.12. Nonconforming parking and landscaping. When a proposed or completed repair, change in use, expansion of use, or change in structure results in nonconforming parking or landscaping, the property owner may petition for relief from the additional landscaping or parking requirement by filing a request for a variation in accordance with the procedures of this chapter. Such relief shall be granted only when it is in the interest of the village, or when conformance with the parking and landscaping requirements poses some practical difficulty or particular hardship. In determining whether there is a hardship, the development commission shall balance the cost of conformance against the detriment to the property owner and surrounding property owners that would result from failure to provide the additional parking and/or landscaping. Conditions or restrictions may be imposed by the president and board of trustees at the time any variation is granted.

(Code 1975, ch. 27, § 7.5; Ord. No. O-94-34, § 1, 7-7-1994; Ord. No. O-95-02, § 19, 1-5-1995; Ord. No. O-96-20, § 1, 4-18-1996)

7.6.1. No building, structure lawfully established shall be subject to the amortization provision of this section solely for the reason of being nonconforming with respect to the standards prescribed in the zoning ordinance for any of the following:

(a)

Building height.

(b)

Lot area per dwelling unit.

(c)

Off-street parking and loading spaces.

(d)

Yards: Front, side or rear.

7.6.2. Except as otherwise provided by a variance all nonconforming business or industrial buildings located within any district shall be removed or converted, and the building thereafter devoted to a use permitted in the district in accordance with the following schedule:

(a)

In the case of buildings erected before January 1, 1950, on or before January 1, 1995.

(b)

In the case of buildings erected between January 1, 1955, and before January 1, 1960, on or before January 1, 2000.

(c)

In the case of buildings erected since January 1, 1960, within 40 years from the date of the issuance of a building permit therefor.

(Code 1975, ch. 27, § 7.6)