[Amended 6-15-2015 by Ord. No. 2015-02]
The purpose of this article is to establish regulations for nonconforming uses, nonconforming lots, nonconforming structures, and nonconforming sites created legally prior to July 18, 2011, the effective date of this chapter. Nonconforming signs are addressed in Article XV.
[Amended 6-15-2015 by Ord. No. 2015-02; 5-20-2019 by Ord. No. 2019-04]
A.
Continuance of a nonconforming use.
(1)
Any nonconforming use lawfully existing upon the effective date of
this chapter, or any amendment to it, may be continued at the size
and in a manner of operation existing upon such date, except as specified
in this section.
(2)
A use now regulated as a conditional use which was approved as a legal land use, either permitted by right or as a conditional use, prior to the effective date of this chapter shall be considered a legal, conforming land use so long as any previously approved conditions of use and site plan are followed. Any modification of the previously approved conditions of use or site plan shall require application and Village consideration under the requirements of § 510-160.
(3)
Any prior legal use made nonconforming by a modification to the Official Zoning Map after the effective date of this chapter may be granted legal conforming use status by changing the zoning district of the affected property to an appropriate district through an amendment to the Official Zoning Map. Such requested amendment shall be subject to the standards and procedures prescribed by § 510-155.
B.
Modification of a nonconforming use.
(1)
Except as permitted in Subsection B(3) below, a nonconforming use shall not be expanded, enlarged, extended, or reconstructed, unless the use is changed to a use permitted in the district in which the use is located.
(2)
Substitution of new equipment may be permitted by the Plan Commission.
(3)
A nonconforming nonresidential use not served by public sanitary
sewer and/or public water may be permitted to expand without being
served by public sanitary sewer and/or public water if either or both
facilities are not available within 1,000 feet of the subject property.
C.
Discontinuance of a nonconforming use. When any nonconforming use
of any structure or land is discontinued for a period of 12 consecutive
months, or is changed into a conforming use, any future use of said
structure or land shall be in complete conformity with the provisions
of this chapter.
D.
Maintenance and repair of a nonconforming use. The ordinary maintenance
and repair of a nonconforming use is permitted, including necessary
repairs and incidental alterations which do not exacerbate the adverse
impacts of the nonconforming use in relation to the purpose of this
chapter. Except as otherwise provided in this section, whenever a
nonconforming use is damaged to the extent of more than 50% of its
current equalized assessed value, it shall not be restored except
in conformity with the regulations of the district in which it is
located. Notwithstanding the previous sentence, the structural repairs
or alterations in a structure either itself nonconforming or containing
a nonconforming use shall not during its lifetime exceed 50% of the
present equalized assessed value of said structure unless permanently
changed to a conforming use.
[Amended 6-15-2015 by Ord. No. 2015-02]
A.
Blanket conforming status. Blanket conforming status for any and all requirements of this chapter is hereby automatically granted to all nonconforming lots in their configuration existing or as finally approved as of the effective date of this chapter. However, after the effective date of this chapter, no lot shall be created which does not meet the dimensional (density, intensity and bulk) requirements of each zoning district, per Articles III, IV and V. This subsection ensures that lots approved and created prior to the adoption of this chapter do not encounter difficulty because the lots would otherwise be considered nonconforming.
B.
A lot of record existing upon the effective date of this chapter
in a residential zoning district, which does not meet the minimum
lot dimensional requirements for the zoning district, may be utilized
for a detached single-family dwelling unit, provided that the measurements
of such area and dimensions are equal to or greater than 80% of the
minimum requirements of the SR-4 Zoning District. Said lot shall not
be more intensively developed (with nonresidential uses) unless combined
with one or more abutting lots (or portions thereof) so as to create
a lot which meets the requirements of this chapter.
C.
A lot of record existing upon the effective date of this chapter
in the RH-35 Zoning District which is less than 35 acres in area and
which has no dwelling units (neither farm residence or single-family
residence) may be utilized, or one detached single-family dwelling
unit may be constructed, provided that the measurements of such area
and dimensions are equal to or greater than 80% of the minimum requirements
of the RH-35 Zoning District and adequate access to a public right-of-way
is provided.
[Amended 6-15-2015 by Ord. No. 2015-02]
A.
Blanket conforming status. Blanket conforming status for any and all requirements of this chapter is hereby automatically granted to any structure lawfully existing upon the effective date of this chapter. After the effective date of this chapter, structures may not be enlarged, expanded, or extended without bringing the enlargement, expansion, or extension into compliance with the provisions of this chapter, or unless a variance is granted by the Zoning Board of Appeals under § 510-161.
(1)
This subsection is intended to eliminate the continued classification
and/or creation of structures as nonconforming subject to the requirements
of this chapter.
(a)
This provision addresses two different situations:
[1]
Any structure in the community erected prior to the adoption of zoning
that does not meet some or all of the bulk requirements of this chapter.
[2]
In some instances, this chapter establishes new bulk or intensity
requirements that existing legal structures under the previous zoning
ordinance do not meet.
(b)
This subsection therefore ensures that owners of such structures
legally established prior to the adoption of this chapter do not encounter
difficulty because the structures would otherwise be considered nonconforming.
B.
Restoration. A damaged, destroyed, or removed nonconforming structure may be restored to the size, location, design and use that it had immediately before the damage, destruction, or removal occurred without any limits on the costs of the repair, reconstruction, or improvement if Subsection B(1) through (3) below apply. The burden of proof in regard to the location, dimensions, configuration, and exterior building materials of the damaged or removed structure shall be upon the property owner to demonstrate prior to the issuance of a building permit.
(1)
The nonconforming structure was damaged or destroyed on or after
the effective date of this chapter.
(2)
The damage or destruction was caused by violent wind, vandalism,
fire, flood, ice, snow, mold, or infestation.
(3)
If removed, the structure was removed or partially removed with the
permission of the Village.
C.
Unsafe structures. Nothing in this chapter shall preclude the Building
Inspector or any other Village official from initiating remedial or
enforcement actions when a lawful nonconforming structure is declared
unsafe or presents a danger to the public health, safety, or welfare.
D.
Future modification. When any lawful nonconforming structure in any
district is modified so as to be in conformance with the provisions
of this chapter, any future modification of said structure shall be
in conformance with the provisions of this chapter.
E.
Ordinary maintenance. Ordinary maintenance repairs, including repairs
reasonably necessary to prevent the deterioration of a structure,
and remodeling of a nonconforming structure are permitted, as well
as necessary nonstructural repairs and alterations which do not extend,
enlarge, or intensify the nonconforming structure. Ordinary maintenance
repairs and remodeling include internal and external painting, decorating,
paneling, the addition of acoustical ceilings, the installation of
heating, electricity, plumbing (including fixtures) or insulation,
and the replacement of doors, windows, and other nonstructural components.
F.
Alterations. Structural alterations may be made to a building containing lawful nonconforming residential units, provided that such alterations do not increase the number of dwelling units or the bulk of the building. Notwithstanding the foregoing, a conforming garage may be added if none previously existed. However, after the effective date of this chapter, such buildings shall not be enlarged, expanded or extended without bringing the enlargement, expansion or extension into compliance with the provisions of this chapter, unless a variance is granted under § 510-161 and except as permitted under this section.
G.
Timing of building permit. Any structure for which a building permit
has been lawfully granted prior to the effective date of this chapter,
or an amendment to it, which will become nonconforming under the provisions
of this chapter, or that amendment thereto, may be completed in accordance
with the approved plans, provided that construction is started within
365 calendar days after issuance of the permit for single- and two-family
construction and within 365 calendar days after issuance of a permit
for all other development and construction is completed within 730
calendar days (two years) after the start of construction. If all
such conditions are met, the structure shall thereafter be a legal
nonconforming structure.
A.
Blanket conforming status. Blanket conforming status for any and all requirements of this chapter is hereby automatically granted to all development sites in their configuration existing or as finally approved as of the effective date of this chapter. However, after the effective date of this chapter, additional site development that would result in the enlargement, expansion, or extension of uses or structures will not be allowed to occur without bringing the enlargement into full compliance with the provisions of this chapter, or to the extent practical without removal of lawful structures in accordance with the following Subsections C through E below.
(1)
This subsection is intended to prevent the creation of certain nonconforming
sites related to building and site design subject to the requirements
of this chapter. These building and site design components may include
one or more of the following:
(a)
Build-to design requirements.
(b)
Exterior building materials requirements.
(c)
Exterior building design requirements.
(d)
Parking, loading, access drive and other paved area design requirements.
(e)
Landscaping design requirements.
(f)
Bufferyard design requirements.
(g)
Fencing design requirements.
(h)
Lighting design requirements.
(2)
This subsection ensures that sites approved prior to the adoption
of this chapter do not encounter difficulty because they would otherwise
be considered nonconforming.
B.
On lots where the site configuration and undeveloped area are sufficient
to comply with nonconformities in site design, no enlargement, expansion,
or extension of a use or structure shall be permitted if it makes
compliance with site regulations of this chapter impossible, even
if said enlargement, expansion, or extension of the use or structure
would otherwise be permissible.
C.
Enlargements, expansions, or extensions that would result in creation of one or more nonconformities, render a nonconforming site incapable of being brought into full or greater compliance with nonconforming site requirements, or increase the degree of existing nonconformities with the site development standards of this chapter shall not be permitted, unless a variance is granted by the Zoning Board of Appeals under § 510-161.
D.
On lots with adequate configuration and area to bring the site into
full or greater compliance with site design standards, said compliance
shall be required at the time of any property improvement, modification,
enlargement, or expansion requiring site plan review by the Plan Commission.
The degree to which the property shall be made to comply with substandard
site design elements shall be proportional to the degree of property
improvement per the following:
(1)
Total additions or expansions to structures on nonconforming sites
shall require correction of existing nonconformities of on-site improvements
in accordance with the following:
(a)
Renovations that do not result in expansions of the total gross
square footage of the existing structure(s) and/or outdoor storage
areas less than 50% of the existing structural and/or outdoor storage
area within any continuous five-year period shall require a corresponding
percentage increase in compliance with the site improvements required
by this chapter until the site achieves 100% compliance. (Example:
A property with a permitted, expandable use currently has only 50%
of the required landscaping. An addition to the structure equaling
20% of the combined area of the existing structures and outdoor operations/storage
uses on a site is proposed. Therefore, as a condition of approval,
an additional 20% of landscaping required for the whole site must
be added. In this instance, 70% of the landscaping requirement would
be met upon completion of the improvements.)
(b)
Complete replacement of existing structures or expansions of
the existing structures that result in a total of 50% or greater increase
of total gross square footage within any continuous five-year period
require the entire property to meet all of the site improvement requirements
of this chapter. The same requirements also apply to increased or
new outdoor areas used for outdoor operations/storage.
E.
On lots where the configuration and undeveloped area of the nonconforming
site provide insufficient space to bring the site into full compliance
with all site requirements but nevertheless provide space to reduce
the degree of one or more nonconformities, the Plan Commission shall
make a determination as to the manner and degree to which each site
nonconformity shall be brought into conformance.
