Except as provided in this title, no building, structure or land shall be used and no building, or part thereof, or structure shall be erected, constructed, reconstructed, occupied, moved, altered, or repaired, except in conformity with the regulations specified in this title for the class of district in which it is located.

Any building, structure, or use lawfully existing at the time of enactment of the regulations codified in this title may be continued, except certain nonconforming uses as provided in Section 17.12.030. Nothing in the regulations shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the zoning administrator.

A.

Except as provided under subsection B of this section:

1.

Any nonconforming building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot, or other act of God, may be reconstructed and used as before if it is done within twelve months of such calamity, unless damaged more than fifty percent of its fair market value, as determined by the board of appeals, at the time of such damage, in which case reconstruction shall be in accordance with the provisions of the regulations codified in this title.

2.

No building, structure or premises where a nonconforming use has been or may be discontinued for more than one year, or has been or may be changed to a use permitted in the district in which it is located, shall again be devoted to a nonconforming use.

3.

Any nonconforming use of land not involving any structure, and any nonconforming outdoor advertising sign or outdoor advertising structure may be continued for a period not to exceed three years after enactment of the regulations codified in this title, whereupon such nonconforming use shall cease or structure shall be removed.

4.

Any building or structure devoted to a nonconforming use with a fair market value of less than five hundred dollars, as determined by the board of appeals, may be continued for a period not to exceed three years after enactment of the regulations codified in this title, whereupon such nonconforming use shall cease and thereafter such building or structure shall be removed or changed to a conforming use.

B.

The provisions under subsection A, insofar as these limit reconstruction or require certain uses to cease or buildings or structures to be removed or changed, shall not be applicable where any such building, structure or use would be conforming under the land use plan as defined in Section 17.04.200.

No lot created after the adoption of the regulations shall contain any building used as a dwelling unless it abuts at least thirty-seven and one-half feet on a street or has a permanent exclusive non-obstructed easement of access not less than thirty-seven and one-half feet wide to a street.

In any district where dwellings are permitted, a one-family detached dwelling may be constructed on any lot of official record at the time of enactment of the regulations codified in this title, the owner of which does not own any adjoining property, provided that proposed yard spaces satisfy requirements stipulated for the district in which said lot is located, or requirements as may be modified by the board of appeals as set forth under Section l7.60.100. However, no lot of any size may be built upon unless the village board of health approves the method of sewage disposal and source of water supply.

No lot shall contain more than one principal use.

A.

No accessory building shall be erected in any yard other than a rear yard and it shall occupy less than thirty percent of a required rear yard. Accessory buildings shall be limited to fifteen feet in height, and shall be distant at least three feet from all lot lines of adjoining lots which are in any R districts and at least six feet from alley lines and six feet from any other building or structure on the same lot.

B.

Where the natural grade of a lot at the front wall of the principal building is more than eight feet above the average established curb grade in front of the lot, a private garage may be erected within any yard or court, but not within ten feet of any street line, provided that at least one-half of the height of such private garage shall be below the level of the yard or court.

A.

No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by the regulations codified in this title, and if already less than the minimum required it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.

B.

The space occupied by a required private garage or parking area shall be considered the same as any required open space provided about a principal building, and such space shall not be reduced or included as any part of any required open space for another building or structure.

The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under the regulations codified in this title, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified in the chapter applying to such district.

In any district on any corner lot, no fence, structure or planting shall be erected or maintained within twenty feet of the corner so as to interfere with traffic visibility across the corner.

Essential services shall be permitted as authorized and regulated by law and other regulations of the village, it being the intention of this chapter to exempt such essential services from the application of the regulations codified in this chapter.

In any R-1 or R-2 district a transitional use shall be permitted on a lot the side line of which adjoins, either directly or across an alley, any B or I district. The permitted transitional uses for any such lot in an R-l district shall be any use permitted in the R-2 district. In the case of any such lot in an R-2 district, the requirement governing lot area per dwelling unit, off-street parking, yards and other open spaces shall be the same as for the district respectively next listed in Section 17.08.010. Any transitional use authorized under this section shall not extend more than one hundred feet from the side lot line of the lot abutting on the zoning district boundary line.

In any district spaces for off-street parking and for loading or unloading shall be provided in accordance with the provisions of Chapter 17.48.

Nothing contained in this title shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted before enactment of the regulations, the construction of which, conforming with such plans, shall have been started prior to the effective date of the ordinance codified in this chapter and completion thereof carried on in a normal manner within the subsequent six-month period, and not discontinued until completion, except for reasons beyond the builder's control.

After the effective date of the ordinance codified in this chapter, no dwelling shall be permitted on the ground or street level of buildings or structures which are less than thirty feet from the front lot line and which are located on a lot for which there is not required minimum front yard depth.

Notwithstanding anything to the contrary in Title 17 entitled Zoning, the mayor and council may authorize a modification or waiver of any requirements set forth in Title 17 in the event it finds that in a particular case the nature of the use or the circumstances or conditions justify such modification and waiver.

The mayor and council shall consider each of the following guidelines in deciding to permit a modification and waiver according to this section:

• Any storage structure no larger than twelve feet by twenty feet contingent on the size of the lot.

• The structure no higher than fifteen feet.

• The structure have a pitched roof.

• The structure be portable or on skidable foundation.

• Exclude shipping containers and any type of storage "pod."

• The property owner shall maintain the structure so as to be conducive to neighborhood aesthetics.

(Ord. No. O02-21-07-06, § 1, 7-7-2021)