A.   Scope: The regulations of this chapter govern nonconformities, which are lots, uses, and structures that were lawfully established but - typically because of the adoption of new or amended regulations, acts of condemnation or other circumstances - no longer comply with one or more requirements of this title.

   B.   Intent:

      1.   Occasionally, lots, uses, and structures that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) have been made nonconforming because of changes in the zoning regulations that apply to the subject property (e.g., through zoning map amendments or amendments to the text of this title), through acts of condemnation, or other circumstances. The regulations of this chapter are intended to clarify the effect of such nonconforming status and avoid confusion with "illegal" buildings and uses (those established in violation of applicable zoning regulations). The regulations of this Chapter are also intended to:

         a.   Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;

         b.   Promote maintenance, reuse and rehabilitation of existing buildings; and

         c.   Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.

      2.   The regulations recognize that buildings and structures have a long useful life and allowing their continued occupancy and modernization can be more desirable than requiring them to remain vacant if they cannot be converted to conforming uses.

   C.   Authority To Continue: Any use which existed lawfully at the effective date hereof, and which remains or becomes nonconforming upon the effective date hereof, may be continued subject to the regulations herein set forth.

   D.   Determination Of Nonconforming Status:

      1.   The burden of proving that a nonconformity exists (as opposed to a violation of this zoning ordinance) rests entirely with the subject owner.

      2.   The Zoning Officer is authorized to determine whether adequate proof of nonconforming status has been provided by the subject owner.

      3.   Building permits, lawfully recorded plats, aerial photography owned by the village and other official government records that indicate lawful establishment of the use, lot or structure constitute conclusive evidence of nonconforming status. If such forms of conclusive evidence are not available, the community development director is authorized to consider whether other forms of evidence provided by the applicant are reliable and adequate to document nonconforming status. Common examples of evidence that may be determined to be reliable and adequate include:

         a.   Professional registrations or licenses;

         b.   Utility billing records;

         c.   Leasing records;

         d.   Advertisements in dated publications;

         e.   Listings in telephone or business directories; and

         f.   Notarized affidavits affirming the date of lawful establishment of the use, lot or structure.

      4.   The Zoning Officer's determination of nonconforming status may be appealed in accordance with Sec. 10-12-6.

   E.   Repairs And Maintenance:

      1.   Nonconformities must be maintained to be safe and in good repair.

      2.   Repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted unless the work increases the extent of the nonconformity or is otherwise expressly prohibited by this zoning ordinance.

      3.   Nothing in this Chapter is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized order of a public official.

   F.   Change Of Tenancy Or Ownership: Nonconforming status runs with the land and is not affected by changes of tenancy, ownership, or management. (Ord. 20-1982, 8-25-2020)

   A.   Description: A nonconforming lot is a lot that was lawfully created in accordance with lot area and lot width regulations in effect at the time of the lots establishment but that does not comply with currently applicable lot area or lot width regulations.

   B.   Use of And Building On Nonconforming Lots:

      1.   A nonconforming lot in a residential district may be used as a building site for dwelling units or accessory structures, subject to compliance with applicable lot and building regulations other than those pertaining to lot area and lot width, except that when two (2) or more contiguous nonconforming lots are held in common ownership, the lots must be consolidated in order to meet or come closer to meeting applicable minimum lot area and lot width requirements. Except that lot consolidations are not required for decks, front porches and stoops or when:

         a.   An addition does not exceed two hundred fifty (250) square feet; or

         b.   An addition does not include the installation of a foundation, footers or piers; or

         c.   The construction of an accessory structure is less than five hundred (500) square feet.

      2.   Nonconforming lots in nonresidential districts may be utilized for any use allowed in the subject zoning district, provided that:

         a.   The lot area and lot width are not less than seventy five percent (75%) of the minimums required in the subject zoning district, or the lot width is not less fifty feet (50') and the lot area is not less than seven thousand five hundred (7,500) square feet;

         b.   If the zoning allows a variety of uses or a variety of intensities of uses and one or more uses or intensities would comply with applicable lot area and lot width standards, while others would not, then only the uses or intensities that comply with applicable standards are permitted.

         c.   When two (2) or more contiguous nonconforming lots are held in common ownership, the lots must be consolidated in order to meet or come closer to meeting applicable minimum lot area and lot width requirements. (Ord. 20-1982, 8-25-2020)

   A.   Description: A nonconforming use is a land use that was lawfully established in accordance with all zoning regulations in effect at the time of its establishment but that is no longer allowed by the use regulations of the zoning district in which the use is now located. Lawfully established uses that do not comply with any applicable separation (or spacing) distance requirements (e.g., those that require one land use to be located a certain minimum distance from another land use) are also deemed nonconforming uses.

   B.   Change Of Use: A nonconforming use may be changed to another other use if it is allowed in the subject zoning district or if it is of substantially the same character of the nonconforming use. Once changed to a conforming use, a nonconforming use may not be re-established.

   C.   Expansion Of Use:

      1.   The nonconforming use of land that does not involve a building or structure or that is accessory to the nonconforming use of a building may not be expanded or extended beyond the area the use occupied at the time the use became nonconforming.

      2.   Nonconforming uses within a building or structure may not be expanded into another part of the same building or structure that was occupied by the subject nonconforming use at the time the use became nonconforming.

   D.   Remodeling And Improvements: A building in which a nonconforming use is located may be remodeled or otherwise improved as long as the remodeling or improvements do not violate the other regulations of this title.

   E.   Moving: A nonconforming use may be moved in whole or in part to another location on the same lot only if the movement or relocation does not increase the extent of the nonconformity. A nonconforming use may be moved to another lot only if the use is allowed under the zoning regulations that apply to that (relocation) lot.

   F.   Loss Of Nonconforming Status:

      1.   Abandonment:

         a.   Once a nonconforming use is abandoned, its nonconforming status is lost and any new, replacement use must comply with the regulations of the zoning district in which it is located.

         b.   A nonconforming use is presumed abandoned when the use is discontinued or ceases, such as when a building is unoccupied, for a continuous period of six (6) months or more.

         c.   Any period of discontinuance caused by acts of God or accidental fire are not counted in calculating the length of discontinuance.

      2.   Damage Or Destruction:

         a.   When a building or structure containing a nonconforming use is damaged by fire, collapse, explosion or other casualty or act of God to the extent that the cost of the restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the market value of the structure, as determined by the property owner's certified appraiser as agreed to by the Village, replacement cost of the building or structure at the time of destruction or damage, the nonconforming use must cease, and any new construction or reconstruction must comply with all regulations, including use regulations, of the zoning district in which the building or structure is located.

         b.   When a building or structure containing a nonconforming use is damaged or destroyed to the extent that the cost of restoration to the condition in which it was before the occurrence shall be fifty percent (50%) or less of the market value of the structure, as determined by the property owner's certified appraiser as agreed to by the Village, the nonconforming use, if temporarily discontinued, shall not be reestablished, unless restoration is started within six (6) months from the date of partial destruction, and restoration proceeds and does not cease for a period of sixty (60) days, and completion is accomplished within twenty four (24) months from the date of partial destruction.

   G.   Accessory Uses: No use that is accessory to a principal nonconforming use may continue after the principal nonconforming use has been abandoned. (Ord. 20-1982, 8-25-2020)

   A.   Description: A nonconforming structure is any structure that was lawfully established but no longer complies with applicable lot and building regulations or other dimensional or locational requirements of this title.

   B.   Use: A nonconforming structure may be used for any use allowed in the zoning district in which the structure is located.

   C.   Alterations And Expansions:

      1.   Nonconforming structures may be altered or expanded if the proposed alteration or expansion complies with all applicable lot, building, dimensional and locational requirements and does not increase the extent of the structure's nonconformity. A building with a nonconforming street setback, for example, may be expanded to the rear as long as the rear expansion complies with applicable rear setback standards.

      2.   A structure with a nonconforming setback may not be expanded horizontally or vertically within the required setback area, except that either a horizontal or a vertical extension of the nonconforming exterior walls of a detached house may be approved through a variance in accordance with Sec. 10-12-2.

   D.   Moving: A nonconforming structure may be moved in whole or in part to another location only if the movement or relocation eliminates or reduces the extent of nonconformity.

   E.   Loss Of Nonconforming Status:

      1.   Damage Or Destruction:

         a.   When a nonconforming structure is destroyed or damaged by acts of God or accidental fire, the structure may be restored or repaired, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within six (6) months of the date of occurrence of such damage.

         b.   When a nonconforming structure is demolished, damaged or destroyed by causes within the control of the owner and the extent of demolition, damage or destruction is more than fifty percent (50%) of the market value of the structure, as determined by the property owner's certified appraiser as agreed to by the Village, the structure may not be reestablished except in compliance with all regulations applicable to the zoning district in which it is located.

      2.   Damage Or Destruction After Right-Of-Way Acquisition: If a structure is rendered nonconforming or made more nonconforming by a public agency's acquisition of right-of-way and the structure is subsequently damaged or destroyed by any means, the structure may be reestablished, provided that no new nonconformities are created and that the existing extent of nonconformity is not increased. A building permit to reconstruct a destroyed or damaged structure must be obtained within six (6) months of the date of occurrence of such damage.

   F.   Nonconforming Fences: Nonconforming fences may continue to be maintained and to exist but may not be replaced, if destroyed or removed, to the extent that the violations would be continued. At such time as a new fence is requested to be installed, the new fence shall comply with all applicable code requirements at the time of permit application. (Ord. 20-1982, 8-25-2020)