The purpose of this article is to provide for the regulation of nonconforming structures and the gradual elimination of nonconforming uses by allowing short-term maintenance and improvement of nonconformities.

(Ord. No. 10-147, § 10.0(1), 7-27-2010)

(a)

Alterations. Alterations within the footprint of a nonconforming building or structure may be allowed provided that the alteration conforms with the requirements of the district in which it is located and all other provisions of this chapter, including but not limited to maximum lot coverage, off-street parking, loading, landscaping and maneuvering standards. Alterations are defined as:

(1)

Changing or rearranging the supporting members of an existing building or structure, such as bearing walls, columns, beams, girders, or interior partitions.

(2)

Changing location of doors, windows, means of ingress and egress.

(3)

Adding asphalt or concrete over a gravel parking lot or parking space.

(4)

Removing asphalt or concrete from a parking lot or parking space and exposing the gravel base course and the repaving of such area.

(b)

Additions. Additions made to nonconforming buildings or structures may be permissible in the front, side and rear yards subject to the following:

(1)

The addition shall not encroach into the required side yard setbacks of the district in which it is located.

(2)

The addition shall not further encroach into the established nonconforming front or rear yard setbacks of the existing nonconforming structure.

(3)

The total square footage of all additions shall not exceed 50 percent of the ground floor area of the existing structure or building at the time of the effective date of this chapter.

(4)

The addition shall conform with all other requirements of the zoning district in which it is located and all other provisions of this chapter, including, but not limited to, maximum lot coverage, off-street parking, loading, and landscaping standards.

(c)

Reconstruction. Reconstruction of a nonconforming building or structure may be repaired, reconstructed or restored at the same size and location that it had immediately before the damage or destruction occurred, if the damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation. The size of a structure may 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.

(d)

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 such building or structure which is moved and, the use made thereof, is made to conform to all of the requirements of the zoning district in which it is located. The building or structure and site shall also comply with all other provisions of this chapter, including but not limited to maximum lot coverage, off- street parking, loading, and landscaping standards.

(e)

Maintenance and repairs. Ordinary maintenance and repairs made to a nonconforming building or structure may be allowed provided that ordinary maintenance and repair conforms with the requirements of the zoning district in which it is located and all other provisions of this chapter, including, but not limited to, maximum lot coverage, off-street parking, loading, and landscaping standards. Ordinary maintenance and repairs are defined as follows:

(1)

Internal and external painting, decorating.

(2)

The repair or replacement of doors, windows, nonbearing walls, fixtures, heating components, wiring, plumbing, siding, roofing or other nonstructural components.

(3)

Resurfacing a parking lot or parking space, which means adding a layer of asphalt or concrete to an existing off-street parking lot or parking space.

(Ord. No. 10-147, § 10.0(2), 7-27-2010; Ord. No. 11-152, 3-29-2011; Ord. No. V21-11, 4-27-2021)

The lawful use of a building or structure existing on the effective date of this chapter, may be continued although such use does not conform with provisions of this chapter, except as otherwise provided in this section:

(a)

Change in tenancy, ownership or management. There may be a change in tenancy, ownership or management of a nonconforming use of a building or structure provided there is no change in the historically allowed nonconforming use.

(b)

Enlargements. The nonconforming use of a building or structure shall not be enlarged or increased, nor extended to occupy a greater area of lot, parcel, site, building or structure than was occupied at the time of the effective date of this chapter.

(c)

Relocation. No nonconforming use of a building or structure shall be moved in whole or in part to any other portion of the lot, parcel or site than was occupied by such use at the time of the effective date of this chapter.

(d)

Maintenance and repairs. Ordinary maintenance and repairs made to a building or structure which contains a nonconforming use may be allowed provided that ordinary maintenance and repair conforms with the requirements of the zoning district in which it is located, there is not an identifiable change in the historically allowed nonconforming use and such nonconforming use continues and all other provisions of this chapter, including, but not limited to, maximum lot coverage, off-street parking, loading, landscaping and maneuvering standards. Ordinary maintenance and repairs are defined as follows:

(1)

Internal and external painting, decorating.

(2)

The repair or replacement of doors, windows, nonbearing walls, fixtures, heating components, wiring, plumbing, siding, roofing or other nonstructural components.

(e)

Abandonment. The nonconforming use of a building or structure which has been discontinued for a period of 12 consecutive months, shall been deemed abandoned and the future proposed use of the building or structure shall be in conformity with the use requirements of the zoning district in which it is located.

(Ord. No. 10-147, § 10.0(3), 7-27-2010)

The lawful use of land where no building is involved, existing on the effective date of this chapter, may be continued although such use does not conform with provisions of this chapter, except as otherwise provided in this section:

(a)

Change in tenancy, ownership, or management. There may be a change in tenancy, ownership or management of a nonconforming use of land provided there is no change in the historically allowed nonconforming use.

(b)

Enlargements. The nonconforming use of land shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the time of the effective date of this chapter.

(c)

Relocation. No nonconforming use of land shall be moved in whole or in part to any other portion of the lot, parcel or site than was occupied by such use at the time of the effective date of this chapter.

(d)

Maintenance and repairs. Lots containing a nonconforming use of land, which do not have a building thereon, may be maintained or repaired provided that the ordinary maintenance and repair conforms with the requirements of the district in which it is located, there is not an identifiable change in the historically allowed nonconforming use and such nonconforming use continues and all other provisions of this chapter, including, but not limited to, maximum lot coverage, off-street parking, loading, and landscaping standards. Ordinary maintenance and repairs are defined as follows:

(1)

Resurfacing a parking lot or parking space, which means adding a layer of asphalt or concrete to an existing off-street parking lot or parking space;

(2)

Removing asphalt or concrete from a parking lot or parking space without exposing the gravel base course and repaving such area.

(3)

Repairing and replacement of bumper or wheel stops, fences, and landscape screening provided that the amount of land devoted to such nonconforming use is not increased.

(e)

Abandonment. The nonconforming use of land which has been discontinued for a period of 12 consecutive months, shall been deemed abandoned and the future proposed use of the land shall be in conformity with the zoning district in which it is located and all other provisions of this chapter, including, but not limited to, maximum lot coverage, off-street parking, loading, and landscaping standards.

(Ord. No. 10-147, § 10.0(4), 7-27-2010)

The burden of proof that a legally permitted (historically allowed) nonconforming use of structure, building or land existed at the time of the adoption of this chapter shall be the responsibility of the property owner.

(Ord. No. 10-147, § 10.0(5), 7-27-2010)

If a use has nonconforming characteristics (parking, lighting, noise, and other matters), such use shall not be expanded until the nonconforming characteristic(s) are made to be conforming.

(Ord. No. 10-147, § 10.0(6), 7-27-2010)

Additions to legal nonconforming accessory buildings or structures may be permitted provided that:

(a)

The existing accessory building or structure is not located closer than five feet from the principal building, provided all applicable local and state building codes are met.

(b)

The addition shall not result in new construction which exceeds 50 percent of the original size of the accessory building or structure.

(c)

The addition will not further encroach into the established nonconforming yard setbacks and clearance areas.

(Ord. No. 10-147, § 10.0(7), 7-27-2010)

(a)

Existing structures. When the village acquires land for right-of-way or other essential services, the affected properties or structures shall not be considered nonconforming if the properties or structures were conforming prior to the village's action. All affected properties or structures shall be documented on a permanent master list on file with the zoning administrator. This provision is effective as of the adoption date of this chapter and is not retroactive.

(b)

Certificate of occupancy. A certificate of occupancy is required for any change in a nonconforming use.

(Ord. No. 10-147, § 10.0(8), 7-27-2010)

Nonconforming lots of record may be developed under the following conditions:

(a)

In any district, any permitted or permissible structure may be erected on a single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements of lot area, lot width, or both for the zoning district in which it is located, provided such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership, and provided all other requirements for the district are met.

(b)

If two or more lots, or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of adoption or amendment of this chapter, the lands involved shall be considered to be in individual parcel for the purposes of this chapter, and no portion of such parcel shall be used, divided, or sold which does not meet the lot area and lot width requirements for the district in which it is located.

(c)

The front yard setback shall be as established by the zoning district in which the lot is located without reduction unless abutting structures are closer to the front lot line. In that case, the new front yard setback shall be the average of the existing front yard setbacks of the abutting structures on each side.

(d)

All other lot development standards shall be met.

(Ord. No. 10-147, § 10.0(9), 7-27-2010)

(a)

A nonconforming principal or accessory building or structure may be restored or repaired to the size, location and use that it had immediately before damage or destruction occurred, and without regard to the cost of such restoration, repairs or improvements if both of the following apply:

(1)

The nonconforming principal or accessory building or structure was damaged or destroyed on or after March 2, 2006.

(2)

The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

(b)

The size of such nonconforming principal or accessory building or structure or to which this subsection applies may be enlarged if such enlargement is made necessary for the principal or accessory building or structure to comply with applicable state and federal requirements.

(Ord. No. 10-147, § 10.0(9), 7-27-2010)