The purpose of this article 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 respective normal useful life.

(Ord. No. 08-50, § 2(exh. A(17.1)), 8-12-2008)

(a)

Authority to continue. Any nonconforming building, structure, lot or use that existed lawfully at the time of the adoption of the ordinance from which this chapter is derived, and which remains nonconforming, and any such building, structure, lot or use that has become nonconforming upon the adoption of said ordinance or any subsequent amendments thereto may continue subject to the provisions of this section 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 chapter, as of the effective date of the ordinance from which this chapter is derived, 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 and welfare including, but not limited to, all building, fire and health codes apply to nonconforming buildings and structures.

(Ord. No. 08-50, § 2(exh. A(17.2)), 8-12-2008)

This section regulates the use of land, buildings or structures on the effective date of the ordinance from which this chapter is derived for purposes that is not listed as a permitted use in the zoning district in which they are located. This does not include uses authorized by a special use permit or variance.

(1)

Ordinary repairs and maintenance. Normal repair, replacement, restoration, maintenance or improvement may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided it will not create any new nonconformity or increase the bulk or density of the nonconforming use.

(2)

Structural alterations. Structural alterations to a structure containing a nonconforming use are permitted so long as they do not create any new nonconformity or increase the bulk or density of the nonconforming use. However, the following exceptions apply:

a.

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.

b.

When the alteration will eliminate the nonconformity.

(3)

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:

a.

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

b.

An expansion or extension of a use or its accessory uses to any land area, building or structure other than that already occupied by such nonconforming use, on the effective date of the ordinance from which this chapter is derived.

c.

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 already occupied by such nonconforming use on the effective date of the ordinance from which this chapter is derived.

(4)

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 zoning lot, or to any other zoning lot, unless the use conforms to all regulations of the zoning district into which it is relocated.

(5)

Change of use.

a.

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, that which has been made to conform shall not thereafter be changed back to a use that is not permitted in the district.

b.

A change of use shall be deemed to occur when an existing nonconforming use has been terminated and a permitted use has commenced. Any change in use in violation of this chapter shall be deemed an abandonment of the previously existing lawful nonconforming use.

(6)

Discontinuation or abandonment.

a.

If a nonconforming use is discontinued, or becomes vacant, and remains unoccupied for a continuous period of 180 days, regardless of the intent to resume or not to terminate the use, such use shall be deemed to be abandoned and shall not be reestablished or resumed.

b.

Any subsequent use of such land, building or structure shall comply with all regulations of the zoning district in which such land, building, or structure is located.

c.

If the period of discontinuance is caused by government action, acts of god or other acts with no contributing fault by the user, then the period of discontinuance shall not be included in calculating the 180 days length of discontinuance stipulated in this section.

(7)

Damage or destruction.

a.

In the event that any building or structure 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 50 percent or more of its replacement value at the time, then the building or structure shall not be restored or rebuilt unless the building or structure, including foundation and use thereof, thereafter conforms to all regulations of the zoning district in which it is located.

b.

The replacement value of the building or structure, which is devoted in whole or in part to a nonconforming use, shall be based on:

1.

The sale of that building, structure 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;

3.

The amount for which building, structure, or property was insured prior to the date of damage or destruction; or

4.

An alternative method determined acceptable by the village.

c.

When such building or structure 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 less than 50 percent of the replacement value at that time, the building or structure 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 must be obtained for such rebuilding, restoration, repair or reconstruction within one year of the date of damage or destruction, and construction must be completed within one year of issuance of the building permit.

d.

In the event that the permit is not obtained within one year or that repairs or restoration are not completed within one year of the issuance of the building permit, then the building or structure and the use thereof shall not be restored unless that use conforms to all regulations of the district in which it is located.

e.

In the event that any building or structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by means within the control of the property owner or tenant, the building or structure and use thereof shall comply with all requirements of this chapter.

(Ord. No. 08-50, § 2(exh. A(17.3)), 8-12-2008)

This section regulates buildings and structures, existing on the effective date of the ordinance from which this chapter is derived, which do not conform to the yard, height, lot coverage or other provisions of this chapter.

(1)

Ordinary repairs and maintenance. Normal repair, replacement, restoration, maintenance or improvement may be performed on any nonconforming building or structure, provided it will not create any new nonconformity or increase the bulk or density of the nonconforming use.

(2)

Structural alterations. No structural alterations shall be performed on any nonconforming building or structure, except in the following situations:

a.

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.

b.

When the alteration will result in eliminating the nonconformity.

c.

When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity. The only exception shall be that any structural alteration of any single-family or two-family dwelling in a residential district shall be permitted provided that the proposed structural alteration meets all applicable building height, setback, and lot coverage requirements.

(3)

Additions and enlargements. A nonconforming building or structure shall not be added to or enlarged.

(4)

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 to any other zoning lot, unless the building or structure shall thereafter conform to all regulations of the zoning district in which it is relocated.

(5)

Damage or destruction.

a.

In the event that any nonconforming building or structure is damaged or destroyed, by any means not within the control of the property owner or tenant, to the extent of 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, including foundation, thereafter conforms to all regulations of the zoning district in which it is located.

b.

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.

c.

When such building or structure is damaged or destroyed, by any means not within the control of the property owner or tenant, to the extent of less than 50 percent of the replacement value at that time, it may be repaired and reconstructed 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 completed within one year of issuance of the building permit.

d.

In the event that the building permit is not obtained within one year, or that repairs are not completed within one year of the issuance of the building permit, then the building or structure shall not be restored unless the building or structure conforms to all regulations of the district in which it is located.

e.

In the event that any nonconforming building or structure is damaged or destroyed, by means within the control of the property owner or tenant, the building or structure, as restored or repaired, shall comply with all requirements of this chapter

(Ord. No. 08-50, § 2(exh. A(17.4)), 8-12-2008)

This section regulates lots of record, existing on the effective date of the ordinance from which this chapter is derived, 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.

(1)

Individual lots of record in residential districts. In residential districts, notwithstanding limitations imposed by other provisions of this article, a single-family dwelling 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.

(2)

Lots of record held in common ownership. If, on the effective date of the ordinance from which this chapter is derived, 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 chapter, the land so involved shall be considered to be a single undivided parcel for the purposes of this chapter. No portion of the parcel shall be used, transferred or conveyed which does not meet the lot width and lot area requirements established by this chapter. No division of the parcel shall be made which leaves the remaining lots with lot width or lot area below the requirements of this chapter. 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.

(Ord. No. 08-50, § 2(exh. A(17.5)), 8-12-2008)