Any nonconforming lot, use or structure lawfully existing on
the effective date of this chapter or subsequent amendment thereto
may be continued so long as it remains lawful, subject to the following
provisions:
A.
Intent. It is the intent of this chapter to permit nonconforming
uses to continue until they are removed but to minimize any adverse
effect on adjoining properties.
B.
Enlargement. A nonconforming use or structure shall not be enlarged,
changed or extended. Notwithstanding the above, a nonconforming mobile
home on an individual lot, under a special permit, may be replaced
with a newer, larger mobile home; provided, however, that all (single-family)
yard requirements of the particular zoning district are met.
C.
Unsafe structures. Any nonconforming structure or portion thereof
declared unsafe by a proper authority may be restored to a safe condition.
D.
Alterations. A nonconforming structure may not be reconstructed or
structurally altered to an extent exceeding in aggregate 25% of the
gross floor area of said structure, unless the structure shall be
changed to a conforming one.
E.
Restoration. No nonconforming structure damaged by fire or other
causes to the extent of more than 50% of its equalized assessed value,
as determined by the Town Assessor, shall be repaired or built except
in conformity with this chapter.
F.
Discontinuance. Whenever a nonconforming use has been discontinued
for a period of one year, use shall not thereafter be reestablished
and any future use shall be in conformity with this chapter.
G.
Changes. Once changed to a conforming use, no structure or land so
changed shall be permitted to revert to a nonconforming use.
H.
Displacement. No nonconforming use shall be extended to displace
a conforming use.
I.
Moving. Should any structure be moved for any reason for any distance,
it shall thereafter conform to the requirements for the district in
which it is located after it is moved.
J.
Existing undersized lots of record.
(1)
Any recorded lot held in ownership prior to the adoption of this
chapter and whose area and/or width and/or depth is less than minimum
requirements specified herein for the district may be considered as
complying with this chapter and no variance therefor shall be required,
provided that:
(2)
In any district where residences are permitted, such undersized nonconforming
lots shall not be used for more than one single-family dwelling.
(3)
A lot may be subdivided into undersized, nonconforming lots provided
that such lots become part of the adjoining properties for the sole
purpose of increasing the size of said properties.
All accessory buildings shall observe the same but not lesser
yard setbacks as principal buildings, except for the following:
A.
In any R District, accessory buildings lying wholly within a rear
yard may extend not closer than five feet to the side and rear lot
line.
B.
In C and M Districts, accessory buildings lying wholly within a rear
yard shall be a minimum of five feet from the side or rear lot line,
except that accessory buildings used for business purposes shall be
a minimum of 50 feet from any R District boundary.
C.
In LD Districts, R, C and M uses shall be considered the same as
being in the respective R, C or M District with regard to this section.
D.
In LD Districts, no accessory buildings shall be allowed in lakeside
yards.
E.
On lakeside lots within the LD Districts, any accessory building
proposed between the principal building and any right-of-way may be
approved by the Zoning Board of Appeals if all other bulk and setback
requirements are met and if in the judgment of the Zoning Board of
Appeals such approval does not alter neighborhood character.
F.
In any district, the distance between the main building and the accessory
building shall be a minimum of 10 feet.
A.
Front yard exceptions.
(1)
Except for Subsection A(2) below, a required front yard need not exceed the average depth of those front yards within a distance of 500 feet on either side of the lot to be developed.
(2)
To provide for future street widening and for future protection from
increased traffic congestion, required front yards for all uses fronting
on any state or county highway shall be a minimum of 66 feet.
B.
Side yard exception for corner lots. On a corner lot where the rear
lot line coincides with a side lot line of an adjoining lot, the required
width of the exterior side yard shall not be less than the front yard
requirement along the street on which the exterior side yard abuts.
C.
Rear yard exception for through lots. On a through lot where the
rear lot line coincides with a street line, a front yard equivalent
shall be provided. The rear yard depth requirements in the district
regulations shall not apply on that portion of a through lot where
a front yard equivalent is required.
D.
Notwithstanding the above, and due to undersized lots in the LD District,
the Zoning Board of Appeals may vary yard requirements for certain
additions to principal buildings which, in its judgment, would not
violate the intent of this chapter and which would not constitute
a reduction to a nonconforming yard.
No sign, fence, wall, hedge, shrub planting or tree foliage
which obstructs vision at elevations between three and seven feet
above street level shall be placed or maintained within the triangular
area formed by two intersecting street lines and a line connecting
points thereon 10 feet distant from their point of intersection.
To the fullest extent feasible, building heights and other obstructions
to sunlight shall be regulated (on southerly lots) to provide adjoining
northerly lots the following level of access to sunlight: sunlight
shall be available to rooftop solar collectors for approximately three
hours before and three hours past solar noon on November 1 (the east-west
limits of skyspace determined by the hours; the lower limit determined
by the month).
The following are exceptions to the height limitations in all
zones:
A.
Chimneys, flues, spires and belfries.
B.
Flagpoles, radio or television antennas, masts or aerials located
on a building and extending not more than 20 feet above the roof of
such building.
C.
Elevator or stair bulkheads, roof water tanks, or cooling towers
(including enclosures), provided that such structures, in the aggregate,
do not occupy more than 10% of the roof area.
D.
Solar energy systems.
The following temporary uses are permitted in all zones and
subject to the following specific regulations and standards. All such
uses shall require a zoning permit.
B.
Christmas tree sales.
(1)
Maximum length of permit for display and open lot sales shall be
45 days.
C.
Contractor's office and construction equipment sheds.
D.
Events of public interest.
(1)
Events may include but are not limited to outdoor concerts, auctions,
and snowmobile events.
E.
Real estate sales office.
(1)
Permitted in any district for any new subdivision approved in accordance with Chapter 475, Subdivision of Land, of the Village Code. The office may not contain sleeping or cooking accommodations. A model home may be used as a temporary sales office.
(2)
Maximum length of permit shall be one year.
(3)
The office shall be removed upon completion of the development of
the subdivision.
G.
Temporary shelter. When fire or natural disaster has rendered a single-family
residence unfit for human habitation, the temporary use of a mobile
home located on the single-family lot during rehabilitation of the
original residence or construction of a new residence is permitted
subject to the following additional regulations:
(1)
Required water and sanitary facilities must be provided.
(2)
Maximum length of permit shall be six months, but the Zoning Enforcement
Officer may extend the permit for a period or periods not to exceed
60 days in the event of circumstances beyond the control of the owner.
Application for the extension shall be made at least 15 days prior
to expiration of the original permit.
(3)
The mobile home shall be removed from the property upon issuance
of any occupancy permit for the new or rehabilitated residence.
I.
Yard sales. A residential property may undertake a maximum of six
events of up to three consecutive days each, per year, for garage
sales or yard sales run by the occupants of the property and selling
household items. Churches and civic organizations are not residential
properties and no limits are set.
J.
Additional regulations. Carnivals, exhibits, tent meetings and events
of public interest shall be subjected to the following:
(1)
Documentation that adequate arrangement for temporary sanitary facilities
has been made must be provided.
(2)
No permanent or temporary lighting shall be installed without an
electrical permit and inspection.
(3)
All uses shall be confined to the dates specified in the permit.
(4)
Hours of operation shall be confined to those specified in the permit.
(5)
The site shall be cleared of all debris at the end of the special
event and cleared of all temporary structures within 30 days after
the closing event. A cash bond for a minimum of $25 and not to exceed
$5,000 shall be posted or a signed contract with a disposal firm shall
be required as a part of the application for a zoning permit to insure
that the premises will be cleared of all debris during and after the
event.
(6)
Public parking for the exclusive use of the facility shall be provided,
and a stabilized drive to the parking area shall be maintained. It
shall be the responsibility of the applicant to guide traffic to these
areas and to prevent patrons from unlawful parking.
(7)
A cash bond for a minimum of $25 and not to exceed $5,000 shall be
posted with the Village Board to insure the repair of any damage resulting
to any public right-of-way as a result of the event.
All individual lots shall be graded in a manner which will avoid
surface water runoff on adjacent lots and which will:
A.
Divert water away from buildings;
B.
Prevent standing water and soil saturation detrimental to structures
and lot use;
C.
Preserve desirable site features;
D.
Provide grades for safe and convenient access to and around buildings
and lots; and
E.
Conform to the general storm drainage pattern for the area.
To provide visual protection from the storage of equipment and
materials (as opposed to material for sale on display), such storage
in any district (except for operational farm equipment) shall be within
completely enclosed buildings or, if left open to the sky, shall be
effectively screened from public view. Screening shall be of sufficient
height and density to completely hide the storage from public view.
In certain cases fencing may be necessary to supplement landscaping.
All screening (fences, landscaping or combinations of each) shall
be maintained in such manner as to present a neat and orderly appearance
at all times.
Except for licensed junkyards, no outdoor parking or storage
of motor vehicles shall be permitted in any district unless such vehicle
is licensed and certified to be operated on public streets and fully
operational, including all necessary equipment.
A.
All vehicle stacking areas shall be clearly identified through the
use of pavement markings, signs and/or curbing and landscaping features
and shall be designed so they do not interfere with safe pedestrian
and vehicle circulation on the site or along the public right-of-way.
B.
The length of stacking areas shall be determined by the maximum length
of stacking required to serve vehicles during the facilities' peak
hour of operation.
C.
All drive-in establishment vehicle stacking areas shall be located
a minimum of 30 feet from any lot line adjoining a residential or
transitional district.
D.
Any speaker system installed as part of the drive-in establishment
shall be located a minimum of 30 feet from any property line adjoining
a residential property.
