A.
The purpose of this section is to provide for the regulation
of nonconforming buildings, structures, and uses, and to specify those
circumstances and conditions under which those nonconforming buildings,
structures, and uses may be continued.
B.
This chapter establishes separate zoning districts, each of
which is an appropriate area for the location of the uses which are
permitted in that zoning district. It is necessary and consistent
with the establishment of those districts that those nonconforming
buildings, structures, and uses which substantially and adversely
affect the orderly development and taxable value of other property
in the district not be continued without restriction.
Any nonconforming building or structure which existed lawfully
at the time of the adoption of this chapter and which remains nonconforming,
and any such building or structure which shall become nonconforming
upon the adoption of this chapter or of any subsequent amendment thereto,
may be continued only in accordance with the regulations which follow.
A.
Repairs and alterations. Normal maintenance of a nonconforming
building, structure, or use is permitted, including necessary nonstructural
repairs, and incidental alterations that do not extend or intensify
the nonconforming building, structure, or use may be made in accordance
with the following:
(1)
Building or structure designed or intended for a nonconforming
use.
(a)
Repairs and alterations may be made to a nonconforming
building or structure, provided that no structural alterations which
increase the bulk of the building or structure shall be made in or
to a building or structure, all or substantially all of which is designed
or intended for a use not permitted in the district in which it is
located, except when those structures, and uses thereof, conform to
the district in which it is located, or unless a variance has been
obtained in a manner described in § 220-1106. For the purpose
of this section, repairs shall include items not involving structural
alterations to the building or structure, except as herein provided.
(b)
No structural alteration or structural repair shall
be made in a nonconforming building, structure, or use except in the
following situations:
[1]
When the alteration is required by law.
[2]
When the alteration will result in the elimination
of the nonconforming use.
[3]
When a structure is on a residential zoning lot
containing residential nonconforming structures, said structure may
be altered to improve livability, provided that no structural alterations
will increase the number of dwelling units or the bulk of the structure.
(2)
Building intended for a permitted use. Ordinary repairs, alterations
and structural changes may be made to a nonconforming building or
structure, all or substantially all of which is designed or intended
for a use permitted in the district in which it is located, provided
said repairs, alterations, or structural changes conform to the regulations
of the district in which said building or structure is located.
B.
Additions and enlargements. A nonconforming building or structure
which is nonconforming as to bulk, and is designed or intended for
a permitted use, shall not be added to or enlarged in any manner unless
such additions or enlargements thereto are made to conform to all
of the regulations of the district in which it is located; or unless
a variance has been obtained in a manner described in § 220-1106.
C.
Relocation of building or structure. No building or structure
which does not conform to all of the regulations of the district in
which it is located shall be moved in whole or in part to any other
location unless every portion of such building or structure is moved
and the use thereof is made to conform to all regulations of the district
in which it is to be located.
D.
Abandonment of use of nonconforming building or structure. A
building, structure or portion thereof, all or substantially all of
which is designed or intended for a use which is not permitted in
the district in which it is located, and which is abandoned as of
the effective date of this chapter, or thereafter becomes abandoned,
shall not thereafter be occupied or used except by a use which conforms
to the use regulations of the district in which it is located. However,
to constitute an abandonment, it must appear that there is an intent
to abandon, and mere cessation or discontinuance of use will not,
per se, result in a loss of the right to resume such nonconforming
use.
E.
Expansion of use in nonconforming building or structure. The
nonconforming use of a part of a building or structure may be expanded
within the building or structure in which said use is presently located;
however, no changes or alterations may be made to nonconforming structures
unless the changes or alterations conform to all the regulations of
the district in which the building or structure is located.[1]
F.
Restoration of damaged nonconforming building or structure.
(1)
In the event that a nonconforming building or structure is destroyed
or damaged by any means to the extent that the cost of restoration
equals or exceeds 50% of its equalized assessed value prior to said
destruction, the building or structure shall be rebuilt according
to the provisions of the zoning district in which it is located.[2]
(2)
In the event that the cost of reconstruction caused by damage
or destruction is less than 50% of the equalized assessed value of
the entire building prior to said destruction, no repairs or reconstruction
shall be made unless such restoration is started within six months
from the date of partial destruction (unless an extension is granted
by the Village Board), and is completed within one year thereafter.
If the restoration is not started within six months of said calamity
and diligently progressed to completion, the building or structure
shall be removed and the area cleared by the owner, or at the owner's
expense.
G.
Change to a conforming use. Wherever all or any part of a building
or structure occupied by a nonconforming use is changed to or replaced
by a use conforming to the provisions of this chapter, such premises
shall not thereafter be used or occupied by a nonconforming use.
The lawfully existing nonconforming use of a part of or all
of a building or structure, all or subsequently all of which building
or structure is designed or intended for a use permitted in the district
in which it is located, may be continued, subject to the following
provisions:
A.
Expansion of nonconforming use. The nonconforming use of part
of a building or structure, all or substantially all of which building
or structure is designed or intended for a use permitted in the district
in which it is located, shall not be expanded or extended into any
other portion of such building or structure.
B.
Abandonment. If a nonconforming use of a building or structure,
all or substantially all of which building or structure is designed
or intended for a use permitted in the district in which it is located,
is abandoned, it shall not be renewed, and any subsequent use of the
building or structure shall conform to the use regulations of the
district in which the premises are located. However, to constitute
an abandonment, it must appear that there is an intent to abandon
such nonconforming use. Time in itself is not an essential element
of abandonment, and mere cessation or discontinuance of use will not,
per se, result in a loss of the right to resume such nonconforming
use.
C.
Change to another nonconforming use. No nonconforming use shall
be changed to another nonconforming use when such nonconforming use
is located in a building or structure, all or substantially all of
which building or structure is designed or intended for a permitted
use.
D.
Change to a conforming use. Whenever all or any part of a building
or structure, all or substantially all of which building or structure
is designed or intended for a use permitted in the district in which
it is located, is occupied by a nonconforming use and is subsequently
changed to or replaced by a use conforming to the provisions of this
chapter, such premises shall not thereafter be used or occupied by
a nonconforming use.
A.
Expansion. A nonconforming use of land shall not be expanded
or extended beyond the area it occupies.
B.
Abandonment. If a nonconforming use of a building or structure,
all or substantially all of which building or structure is designed
or intended for a use permitted in the district in which it is located,
is abandoned, it shall not be renewed, and any subsequent use of the
building or structure shall conform to the use regulations of the
district in which the premises are located. However, to constitute
an abandonment, it must appear that there is an intent to abandon
such nonconforming use. Time in itself is not an essential element
of abandonment, and mere cessation or discontinuance of use will not,
per se, result in a loss of the right to resume such nonconforming
use.
C.
Change to a conforming use. Wherever a nonconforming use of
land is changed to or replaced by a conforming use of land, such premises
shall not thereafter be used or occupied by a nonconforming use.
Where a use is classified as a special use under this chapter
and exists as a special use or permitted use or a legal nonconforming
use at the date of the adoption of this chapter, or exists as a legal
use under a court decree at the date of the adoption of this chapter,
then such use shall be deemed to be a legal special use under this
chapter, and a special use permit and a certificate of occupancy shall
be issued for such use without the necessity for a public hearing
or other compliance with the provisions of this chapter relating to
the granting of special use permits.
Variances for existing nonconforming buildings, structures,
lots or uses may be reviewed and granted by the Village Board, after
a public hearing by the Plan Commission. Review of variance applications
for nonconforming buildings, structures, lots or uses shall be made
in accordance with the standards for variance application review set
forth in § 220-1207. Variances may be granted only within
the following parameters:
An individual lot of record in existence at the time of the
adoption of this chapter which can fulfill at least 80% of the required
lot area and at least 80% of the required lot width may be developed
for a use permitted within the zoning district in which the lot is
located, provided that it can be developed in full compliance with
the yard requirements. Otherwise, an individual lot of record in existence
at the time of the adoption of this chapter which is unable to meet
the requirements as to lot area, lot width and yard requirements can
be developed only after a variance is granted.
[Amended 9-9-2008 by Ord. No. 08-048]
All buildings constructed hereafter, all uses of land or buildings
established hereafter and all structural alterations or relocations
of existing buildings occurring hereafter shall be subject to all
regulations of this chapter which are applicable to the zoning districts
in which such buildings, uses or land shall be located except for
those lots of record in all residential districts, except the E-1
and E-2 Districts, existing at the time of adoption of this chapter,
which shall continue to be subject to the regulations of the Zoning
Ordinance adopted November 2006 and shall not be subject to the side
yard or minimum lot size regulations of this chapter for a period
of 12 years after the effective date of this chapter. All existing
and proposed accessory uses and buildings shall be subject to all
regulations of this chapter which are applicable to the zoning district
in which such accessory uses and buildings shall be located, regardless
of when the lot in which the accessory uses or buildings are located
was first platted.
