A.

Purposes. This section governs nonconformities: those uses, lots, buildings or other aspects of development that may have complied with previous zoning regulations, but through zoning ordinance revisions or amendments no longer conform to the current standards. The intent of this section is to clarify to what extent and under what circumstances such nonconformities can be altered, expanded, or allowed to continue. Other purposes of this section are to:

1.

Allow for the preservation and adaptive re-use of existing buildings; and

2.

Recognize the interests of landowners whose property and its uses were lawfully established; and

3.

Place reasonable limits on nonconformities that have or potentially may have adverse effects on surrounding properties or the community.

B.

Authority to Continue a Nonconforming. Any nonconformity that existed on the effective date of this ordinance or a situation that becomes a nonconformity upon adoption of any amendment to this zoning ordinance may be continued in accordance with the provisions of this section.

C.

Continued Status of Nonconformity. Nonconforming status rests with the property, not with the property owner. Such status is not affected by changes in tenancy, or management. In certain instances, a change in ownership may affect the nonconforming status—see paragraph D of this section below. Additionally, a change in ownership shall result in the removal of all nonconforming signs.

D.

Multi-Family Buildings. For a building that exists in a single-family zoning district but is nonconforming because they it is used as multi-family residential building, transfer of ownership shall result in an inspection by Village building code officials for basic health and safety violations. Upon satisfactory review by code officials, the Village shall issue an occupancy permit for the continued use of the building for multi-family residential use. Failure to bring the building into compliance with noted basic health and safety violations may result in the loss of the building's nonconforming status, and the building may then be subject to all actions, fines and penalties as described in § 17.01.070 of this ordinance.

E.

Repairs and Maintenance. Nonconforming buildings and lots carry the same obligations and requirements for safe upkeep as conforming buildings and lots. Incidental repairs and normal maintenance necessary to keep a nonconformity in compliance with the Village building codes are permitted unless otherwise expressly prohibited in this ordinance.

(UDO 2008, § 17.13.010)

A.

Change of a Nonconforming Use. A nonconforming use may be converted to a use permitted in the subject zoning district. A nonconforming use may not be changed to another nonconforming use.

B.

Expansion of a Nonconforming Use. A nonconforming use, whether inside or outside of the building, may not be expanded beyond the area it occupies or increase in intensity at the time of the adoption of this section or any subsequent amendment. For example, a nonconforming multi-family building with three dwelling units in a single-family district could not add an additional unit. Likewise, a building that already exceeds the maximum height limit could not have its height increased.

C.

Discontinuance of a Nonconforming Use.

1.

If a nonconforming use is discontinued or abandoned for a period of six consecutive months it shall not be re-established, and any subsequent use of the property shall conform to the regulations of the subject zoning district.

2.

Where the nonconforming use of land is accessory to a nonconforming structure, it shall be discontinued on the same date on which the nonconforming use of the building or structure is discontinued.

D.

Relocation. No building in which a nonconforming use is conducted may be moved in whole or in part to any other location on the same or any other lot unless the use of that lot conforms to the regulations of the zoning district in which the building is to be moved.

(UDO 2008, § 17.13.020)

A.

Alterations or Enlargements of Nonconforming Structures. A nonconforming structure may be altered or enlarged only if the alteration or enlargement does not increase the extent of the nonconformity or add another nonconformity. For example, a building that does not meet a yard depth requirement may have another floor added, so long as the additional height and bulk comply with the applicable regulations. Likewise, a building that does not meet a yard depth requirement may be enlarged so long as the addition follows the same building wall line and does not result in an additional encroachment into the required yard area.

B.

Intentional Destruction of a Nonconforming Structure. If a nonconforming structure is intentionally removed or destroyed by the owner, the building may be reconstructed, provided that all nonconformities, to include yard setback requirements, are eliminated.

C.

Accidental Damage or Destruction. When a nonconforming structure is damaged or destroyed by fire or other causes beyond the control of the owner, it may be repaired or rebuilt provided that:

1.

The owner can document, through building records, photographs, or plats of survey, the extent of any nonconformity that existed prior to the accidental damage or destruction; and

2.

The intensity, extent, or nature of the previous nonconforming elements are not increased; and

3.

Building permits for restoration or reconstruction are issued within six months from the date of accidental damage or destruction.

D.

Relocation of a Nonconforming Structure. No nonconforming structure shall be moved in whole or in part to any other location on the same or any other lot unless the structure conforms to the regulations of the zoning district in which the structure is to be located.

(UDO 2008, § 17.13.030)

A.

Nonconforming Lots in R Districts.

1.

A nonconforming lot in an R district may be developed provided that yard depth, bulk and density restrictions of this ordinance are met.

2.

A nonconforming lot that is enlarged yet remains nonconforming, may be developed with a single-family dwelling unit provided that yard depth, bulk and density restrictions are met.

3.

If an existing single-family house in an R district is destroyed by accident, it may be rebuilt, provided that yard depth, bulk and density requirements are met, and the provisions of § 17.13.030 are met.

4.

Non-residential development in an R district that is permitted by this ordinance may occur on a nonconforming lot only if a variation is granted for any and all of the nonconformities that result from inadequate lot size or width (e.g., parking requirements cannot be met).

B.

Nonconforming Lots in Non-Residential Districts. In non-residential zoning districts a nonconforming lot may be developed provided that:

1.

The lot in question existed in its current dimensions at the time of the effective date of this section; and

2.

The use is permitted in the zoning district where the nonconforming lot is located; and

3.

A variation is granted for any other nonconformities that result from inadequate lot size or width.

(UDO 2008, § 17.13.040; Ord. No. O-29-15, § 10, 9-14-2015)

A.

Nonconforming Signs. Regulations for nonconforming signs are provided in Chapter 17.11 of this ordinance.

B.

Other. Any other aspects of development not described in the provisions of this section, such as but not limited to such items as landscaping, parking, or loading, that were lawfully established but no longer comply with a standard of this zoning ordinance, shall be allowed to exist. However, such nonconforming aspects may not be altered so that the intensity, extent, or nature of the nonconformity increases. Where physically feasible, site development activities shall cause nonconformities to be brought into conformance. For example, a redesign or expansion of an off-street parking lot would result in previously nonconforming landscaping being brought into compliance.

(UDO 2008, § 17.13.050)