The purpose of this chapter is to establish regulations and limitations on the continued existence of uses, buildings, platted lots or structures established prior to the effective date hereof that do not conform to the provisions of this title. Many such nonconformities may continue, but the provisions of this chapter are designed to curtail substantial investment in such nonconformities and, where appropriate, to bring about their eventual elimination in order to preserve the integrity of the zoning districts and regulations established by this title. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

   (A)   Authority To Continue: Any nonconforming buildings, structures, platted lots, and uses that existed lawfully at the time of adoption of this title, and which remain nonconforming, and any such building, structure, platted lot or use that has become nonconforming upon adoption of this title, or of any subsequent amendments thereto, may continue subject to the provisions of this chapter.

   (B)   Illegal Uses, Buildings And Structures: Uses, buildings and structures that were not lawfully established prior to adoption of this title, and remain unlawful after the effective date hereof, shall not become legal by virtue of its enactment.

   (C)   Burden On Property Owner To Establish Legality: The burden of establishing the legality of a nonconformity that is existing under the provisions of this title shall, in all cases, be upon the property owner of the nonconforming use, building or structure, and not upon the village. Illegal uses, buildings and structures shall be immediately brought into compliance with all ordinances of the village.

   (D)   Safety Regulations: All police power regulations enacted to promote the public health, safety, comfort, convenience and general welfare including, but not limited to, all building, fire and health codes, shall apply to nonconforming buildings and structures. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

This category of nonconformities consists of uses of land, buildings or structures that are used for purposes on the effective date hereof, or any amendment thereto, not permitted in the zoning district in which they are located. Such uses may be continued as follows:

   (A)   Expansion Of Use Prohibited: A nonconforming use of land, buildings or structures shall not be expanded, extended, enlarged or increased in intensity. Such prohibited activity shall include, without limitation:

      1.   Any extension of the hours of operation of such use beyond the normal hours of operation on the effective date hereof.

      2.   Expansion of any building or structure devoted entirely to a nonconforming use.

      3.   An expansion or extension of a use, or its accessory uses, to any structure, building, or land area, other than that occupied by such nonconforming use, on the effective date hereof.

      4.   An expansion or extension of such use, including its accessory uses, within a building or other structure, to any portion of the floor area that was not occupied by such nonconforming use on the effective date hereof.

   (B)   Relocation Of Use: A nonconforming use of land, buildings or structures 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 the use thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so relocated.

   (C)   Change In Use: A nonconforming use shall not be changed to any use other than a use permitted within the zoning district in which the use is located. When such a nonconforming use has been changed, in whole or in part, to a permitted use, the whole or part which has been made to conform may not thereafter be changed back to a use that is not permitted.

   (D)   Discontinuation Or Abandonment Of Use: Whenever a nonconforming use of a building or premises has been discontinued for a period of six (6) consecutive months, or thirty (30) consecutive days if a special use is required, or changed to a higher classification or to a conforming use, such nonconforming use shall not thereafter be changed back to a use that is not permitted.

   (E)   Ordinary Repair And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed on any nonconforming building or structure. No repairs or reconstruction shall be made that would create any new nonconformity, increase the degree of any previously existing nonconformity, or increase the bulk of the building in any manner.

   (F)   Damage And Destruction:

      1.   In the event that any building or structure and/or property, that is devoted, in whole or in part, to a nonconforming use is damaged or destroyed, by any means not within the control of the property owner or tenant, to the extent of fifty percent (50%) or more of its replacement value at that time, then the building, structure and/or property shall not be restored or rebuilt unless the building or structure thereafter conforms to all regulations of the zoning district in which it is located.

      2.   The replacement value of the building, structure and/or property shall be based on: a) a sale of that building, structure and/or property within the previous year; b) an appraisal within the last two (2) years; or c) the amount for which building, structure or property was insured prior to the date of the damage or destruction. When such building, structure and/or property 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, reconstructed or restored, provided that no new nonconformities are created and that the existing degree of nonconformity 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 substantially completed within one year of issuance of the building permit.

      3.   In the event that the permit is not obtained within one year or that repairs or restoration are not substantially completed within one year of the issuance of the building permit, then the building, structure and/or use of property shall not be restored unless the building, structure and/or property, and the use thereof, conforms to all regulations of the zoning district in which it is located. In the event that any building, structure and/or property is damaged or destroyed by means within the control of the property owner or tenant, the building, structure and/or property and use thereof, as restored or repaired, shall comply with all requirements of this title. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

This category of nonconformities consists of buildings and structures that are existing on the effective date hereof, or any amendment thereto, for which the size or location does not conform with the yard, height, or other dimensional or bulk provisions of this title, or any amendment thereto. Such buildings or structures shall only be continued as follows:

   (A)   Additions And Enlargements: A building or structure which is nonconforming with respect to its bulk, shall not be added to or enlarged.

   (B)   Structural Alterations: No structural alterations shall be performed on any nonconforming building or structure, except 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 any official charged with protecting the public safety.

      2.   When the alteration will result in eliminating the nonconformity.

      3.   When the alteration will not create any new nonconformity, increase the degree of any existing nonconformity, or increase the bulk of the building or structure in any manner.

      4.   The building or property is restored or replaced pursuant to subsection 11-3-3(F) of this chapter.

   (C)   Relocation: A nonconforming 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 the building or structure thereof shall thereafter conform to all regulations of the zoning district in which it is located after being so relocated.

   (D)   Ordinary Repair And Maintenance: Normal maintenance and incidental repair or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed on any building or structure that is devoted, in whole or in part, to a nonconforming use, provided it will not create any new nonconformity, increase the degree of nonconformity, or increase the bulk of the building or structure in any manner. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

This section regulates lots of record, existing on the effective date hereof, which do not conform with the lot area or lot width requirements for the district in which they are located. No nonconforming lot of record may be improved except in compliance with this section.

   (A)   Individual Lots Of Record In Residential Districts: In the residential districts, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and its accessory buildings may be erected on a single nonconforming lot of record, provided that the lot is in separate ownership and it meets all other zoning district bulk requirements.

   (B)   Lots Of Record Held In Common Ownership: If, on the effective date hereof, in situations where there are two (2) or more lots of record with continuous frontage in single ownership and one or more of the lots having contiguous frontage does not meet the requirements for lot width or lot area as established by this title, the land so involved shall be considered to be a single undivided parcel for the purposes of this title. No portion of said parcel shall be used, which does not meet the lot width and lot area requirements established by this title. No division of the parcel shall be made which leaves remaining lot(s) with lot width or lot area below the requirements as stated in this title. No building permit shall be issued for the use of any lot or portion of a lot transferred or conveyed in violation of this section.

   (C)   Additional Criteria For Nonconforming Lots Of Record: A variation from this section may be obtained to permit the separation of two (2) adjoining lots held in common ownership, provided that the village board finds that the applicant complies with the standards for a variation in section 11-2-17, "Variations", of this title. In addition, the applicant must comply with one of the following standards:

      1.   Both lots meet the lot area and lot width requirements in effect at the time the applicant purchased the lots.

      2.   Over half of the lots within five hundred feet (500') of the subject lots have been developed as individual building sites and do not comply with either the lot width or lot area requirement for the zoning district in which they are located.

      3.   The owners of the abutting lots refuse to sell or convey, at a fair market price, portions of their lots that could be added to the subject lots to render them conforming without rendering said abutting lots or structures located on such lots nonconforming. (Ord. 1650, 10-10-2007, eff. 10-15-2007)

The provisions for nonconforming signs are contained within section 11-14-14, "Nonconforming Signs", of this title. (Ord. 1650, 10-10-2007, eff. 10-15-2007)