The purpose of this chapter is to provide for the regulation of nonconforming buildings, structures, lots, or uses, and to specify those circumstances and conditions under which nonconforming buildings, structures, and uses shall be gradually eliminated upon reaching the end of their normal useful life.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

A.

Authority to Continue. Any nonconforming building, structure, lot, or use that existed lawfully at the time of the adoption of this Ordinance, and which remains nonconforming, and any such building, structure, lot, or use that has become nonconforming upon the adoption of this Ordinance or any subsequent amendments thereto, may continue subject to the provisions of this chapter so long as it remains otherwise lawful.

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 Ordinance, as of the effective date of this Ordinance, shall be upon the property owner of the nonconforming building, structure, or use and not upon the Village.

C.

Safety Regulations. All police power regulations enacted to promote public health, safety, convenience, comfort, and general welfare including, but not limited to, all building, fire, and health codes shall apply to nonconforming buildings and structures.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

This section regulates land, buildings and structures, the use of which lawfully existed prior to the effective date of this Ordinance, but which is no longer an authorized use.

A.

Ordinary Repairs and Maintenance. Normal maintenance and incidental repair or replacement 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.

B.

Structural Alterations. No structural alterations shall be performed on any building or structure devoted to a nonconforming use, 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.

C.

Expansion of Use. 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.

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

2.

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

3.

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 of this Ordinance.

D.

Relocation. 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 shall thereafter conform to all regulations of the zoning district in which it is relocated.

E.

Change of Use. A nonconforming use shall not be changed to any use other than a use permitted within the zoning district in which it 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. A change of use shall be deemed to occur when an existing nonconforming use has been terminated and a permitted use has commenced and continued for a period of seven days. Any change in use in violation of this Ordinance shall be deemed an abandonment of the previously existing lawful nonconforming use.

F.

Discontinuation or Abandonment. If any nonconforming use is discontinued, or becomes vacant, and remains discontinued or unoccupied for a continuous period of one hundred eighty (180) days such use shall be deemed to be abandoned and shall not be reestablished or resumed. Any subsequent use or occupancy of such land, building or structure shall comply with all regulations of the zoning district in which such land, building, or structure is located. The period of such discontinuance caused by government action, acts of God, or other acts without any contributing fault by the user, shall not be included in calculating the length of discontinuance for this section.

G.

Damage or Destruction.

1.

In the event that any building, structure and/or property that is devoted in whole or in part to a nonconforming use, is damaged or destroyed to the extent of fifty (50) percent or more of its replacement value at that time, then the building or structure shall not be restored or rebuilt unless the building or structure and use conforms to all regulations of the zoning district in which it is located, unless a special use to allow the building, structure and/or property to be restored or rebuilt to its legal, nonconforming condition has been granted prior to such damage or destruction as provided in Section 15.8 below.

2.

The replacement value of the building, structure and/or property, which is devoted in whole or in part to a nonconforming use, shall be based on: 1) the sale of that building, structure, and/or property within the previous year or, if that is not applicable; 2) an appraisal within the last two years or, if that is not available; or 3) the amount for which building, structure, and/or property was insured prior to the date of damage or destruction.

(Ord. No. 12-08-20-02, § 2, 8-20-12; Ord. No. 13-04-15-01, § 2, 4-15-2013)

This section regulates buildings and structures, lawfully existing on the effective date of this Ordinance, which do not conform to the yard, height, lot coverage, or other dimensional or bulk provisions of this Ordinance.

A.

Ordinary Repairs and Maintenance. Normal maintenance and incidental repair or replacement 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 or structure in any manner.

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 or increase the degree of any existing nonconformity.

4.

When the alteration is made to a single-unit or two-unit dwelling in a residential district provided that it meets all applicable building height, setback and lot coverage requirements.

C.

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 thereof shall thereafter conform to all regulations of the zoning district in which it is relocated.

D.

Damage or Destruction.

1.

In the event that any nonconforming building or structure is damaged or destroyed to the extent of fifty (50) percent or more of its replacement value at that time, then the building or structure 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 or structure shall be based on: 1) the sale of that building or structure within the previous year or, if that is not applicable; 2) an appraisal within the last two years or, if that is not available; 3) the amount for which the building, structure, or property was insured prior to the date of the damage or destruction or; 4) an alternative method determined acceptable by the Village Attorney.

(Ord. No. 12-08-20-02, § 2, 8-20-12; Ord. No. 13-04-15-01, § 3, 4-15-2013)

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

A.

Minimum Lot Size and Lot Width.

1.

Every building hereafter erected on a lot or parcel of land created subsequent to the effective date of this ordinance shall provide a zoning lot in accordance with the lot size and lot width requirements of the district within which it is located.

2.

In any residence district, on a lot of record on the effective date of this ordinance, a single-family dwelling may be established regardless of the size or width of the lot, provided all other requirements of this ordinance are complied with provided it was a legal lot at the time of platting.

3.

No division, transfer or conveyance of a parcel shall be made which leaves the remaining lot(s) with lot width or lot area below the requirements of this Ordinance.

4.

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.

B.

Lots of Record Held in Common Ownership. Minimum Lot Size and Lot Width. If on the effective date of this Ordinance, in situations where there are two 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 Ordinance, the land so involved shall be considered to be a single undivided parcel for the purposes of this Ordinance. No portion of said parcel shall be used, transferred or conveyed which does not meet the lot width and lot area requirements established by this Ordinance.

(Ord. No. 12-08-20-02, § 2, 8-20-2012; Ord. No. 12-12-04-02, § 7, 12-4-2023)

In an effort to accommodate additions to existing single-unit and two-unit homes, the extension of a nonconforming side wall vertically, which does not meet the minimum side yard requirement, is permitted without a variation, subject to the following:

1.

The extended building wall shall not create any additional nonconformities on the site.

2.

The extended wall shall not encroach any closer to the applicable property line.

3.

The maximum lot coverage and building height shall not be exceeded.

4.

The side yard is a minimum of two feet, six inches in width. Side yards less than two feet, six inches in width shall not be permitted to extend vertically without a variation.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

A.

Procedures. In accordance with authority granted to municipalities for the elimination of nonconforming uses and structures it is the policy of the Village to eliminate such uses and structures.

1.

The Community Development Director shall inventory the nonconforming uses, buildings and structures.

2.

The Community Development Director shall notify in writing the owner of each parcel of land or each structure which has been determined to be nonconforming. Such notice shall contain:

a.

The normal useful life of the use or structure.

b.

The date the use or structure was commenced.

B.

Elimination of Nonconforming Buildings and Structures by the Village.

1.

The Village may, at any time, and from time to time:

a.

Acquire by condemnation any nonconforming building or structure, or use not permitted in the district in which it is located, and all land which is necessary or appropriate for the rehabilitation or redevelopment of the area blighted by such nonconforming building or structure.

b.

Remove or demolish all such nonconforming buildings and structures so acquired.

c.

Hold and use any such remaining property for public purposes.

d.

Sell, lease or exchange such property not held for public purposes, subject to the provisions of this Ordinance.

2.

No such acquisition by condemnation shall be made until such time as the Plan Commission, at the request of the Village Board has made a study of the area within which such nonconforming building or structure is located and has filed a written report on such study with the Village Board.

C.

Elimination of Nonconforming Use of Land.

1.

Nonconforming use of land shall be discontinued and cease ten (10) years from the date of the adoption of the Ordinance codified throughout this title in each of the following cases:

a.

Where no buildings or structures are employed in connection with such use.

b.

Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use or have an assessed valuation of less than two thousand dollars ($2,000.00).

c.

Where such use is maintained in connection with a conforming building or structure; except that off-street parking facilities not in conformance with the standards of Chapter 13: Off-Street Parking and Loading, used in connection with the building may be continued as long as the premises are used for a permitted use.

2.

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

3.

Nothing in this section shall require the elimination of a nonconforming use of land for residential purposes.

D.

Elimination of Nonconforming Off-Street Parking Areas. Nonconforming off-street parking areas shall be discontinued and cease two years from the date of the adoption of the Ordinance codified throughout this title if such parking area is not constructed of a hard surfaced, all-weather dustless material as per Section 13.8.C of this Ordinance.

(Ord. No. 12-08-20-02, § 2, 8-20-2012)

The owner of any lawfully established nonconforming two-, three- or four-family dwelling located in any Residence District that is currently in compliance with Village ordinances may apply to the Village for a special use to allow such legal, nonconforming use to be restored or rebuilt as a legal nonconforming use if a building or structure is damaged or destroyed through no fault of the property owner, regardless of the extent of the damage or destruction, provided that the restored or rebuilt building or structure does not create any new nonconformity, increase the degree of nonconformity, or increase the bulk of the building or structure in any manner. The procedures, terms, conditions, and standards for special uses set forth in Section 4.3 of this Ordinance shall be used to evaluate each application. Each special use granted pursuant to this section may be conditioned to minimize or eliminate nonconforming elements of the buildings or structures including, but not necessarily limited to, yard, height, lot coverage, or other dimensional or bulk nonconformities.

(Ord. No. 13-04-15-01, § 4, 4-15-2013)