The purpose of this article 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 which adversely affect the maintenance,
development, use or taxable value of other property in the district
in which they are located shall be permitted to continue or shall
be discontinued. The Zoning Code establishes separate districts, each
of which is an appropriate area for the location of the uses which
are permitted in that 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 be
discontinued or reduced to conformity as soon as the fair interests
of the parties will permit or be permitted to continue with certain
restrictions.
Any nonconforming building, structure or use
which existed lawfully at the time of the adoption of this chapter
and which remains nonconforming and any such building, structure or
use which shall become nonconforming upon the adoption of this chapter,
or of any subsequent amendments thereto, may be continued, some for
specified periods of time, subject to the regulations which follow.
Any lawfully existing building or structure
which does not conform to the regulations of the district in which
it is located may be continued subject to the following provisions:
A.
Relocation of building or structure. A building or
structure may be moved in whole or in part to any other location on
the same or any other lot only after approval therefor shall have
been granted by the Zoning Board of Appeals and further provided that:
(1)
Such building or structure is designed or intended
for a use permitted in the district in which it is to be located.
(2)
Such relocated building or structure and its use shall
be made to conform to all of the regulations of the district in which
it is to be located.
(3)
Such relocated building or structure shall be in harmony
with the general character of existing buildings or structures within
the immediate neighborhood.
B.
Repairs and alterations.
(1)
Building or structure designed or intended for a nonconforming
use. Ordinary repairs and alterations may be made to a nonconforming
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, provided that no structural alterations shall be made in
or to such building or structure except those required by law or except
to make the building or structure and use thereof conform to the regulations
of the district in which it is located. For the purpose of this subsection,
"ordinary repairs" shall include normal maintenance of a building
or structure and the replacement of storage tanks where safety of
operation of the installation requires such replacement and other
replacements of, or substitutions for, machinery or equipment not
involving structural alterations to the building or structure, except
as hereinabove provided.
(2)
Building or structure designed or intended for a permitted
use. Ordinary repairs and alterations, including structural alterations,
may be made to a nonconforming building or structure which is nonconforming
as to bulk, provided said ordinary repairs and alterations conform
to the regulations of the district in which it is located.
C.
Additions and enlargements.
(1)
Building or structure designed or intended for a nonconforming
use. A nonconforming 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, shall not be added to or enlarged in any manner
unless such additions and enlargements thereto are made to conform
to all of the regulations of the district in which it is located and
unless such nonconforming building or structure, including all additions
and enlargements thereto, shall conform to the following:
(2)
Building or structure designed or intended for a permitted
use. A nonconforming building or structure which is nonconforming
as to bulk shall not be added to or enlarged in any manner unless
such additions and enlargements thereto are made to conform to all
of the regulations of the district in which it is located and unless
such nonconforming building or structure, including all additions
and enlargements thereto, shall conform to the following:
D.
Restoration of damaged or destroyed building or other structure.
[Amended 3-3-2020 by Ord.
No. 20-03]
(1)
Building or structure designed or intended for a nonconforming use.
A building or structure, 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 destroyed or damaged by fire or other
casualty or act of God to the extent that the cost of restoration
to the condition in which it was before the occurrence shall exceed
50% of its full market value, shall not be restored unless said building
or structure and the use thereof shall conform to all of the regulations
of the district in which it is located. In the event such damage or
destruction is less than 50% of such full market value, repairs or
reconstruction may be made only if such restoration is started within
one year from the date of the partial destruction and is diligently
prosecuted to completion.
(2)
Building or structure designed or intended for a permitted use. A
building or structure, all or substantially all of which is designed
or intended for a use which is permitted in the district in which
it is located, and which is destroyed or damaged by fire or other
casualty or act of God, may be restored, except as hereinafter provided.
A nonconforming use shall not be restored or reestablished in such
building or structure which is destroyed or damaged by fire or other
casualty or act of God to the extent that the cost of restoration
to the condition in which it was before the occurrence shall exceed
50% of its full market value.
(3)
Notwithstanding the limitations in Subsection D(2) and (3), any damaged or destroyed nonconforming structure may be restored or replaced to the size, location, and use that it had immediately before the damage or destruction occurred, without any limits on the costs of the repair, reconstruction, or improvement if the nonconforming structure was damaged or destroyed on or after March 3, 2020, and the damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation. The size of any such restored or replaced structure may be larger than the size it was immediately before the damage or destruction only if necessary for the structure to comply with applicable state or federal requirements.
E.
Expansion of nonconforming use.
(1)
Building or structure designed or intended for a nonconforming
use. The nonconforming use of part of 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, shall not be expanded
or extended into any other portion of such building or structure.
(2)
Building or structure designed or intended for a permitted
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.
(3)
Land. If any nonconforming use of land is discontinued
for a continuous period of 90 days, it shall not thereafter be renewed,
and any subsequent use of the land shall conform to the regulations
of the district in which the land is located.
F.
Elimination of nonconforming use. Any use of land
which becomes a nonconforming use at the effective date of this chapter
or which becomes a nonconforming use at any future date shall be discontinued
and shall cease not more than three years after the effective date
of this chapter or after the date such use becomes a nonconforming
use in each of the following instances:
(1)
Where no buildings or structures are employed in connection
with such nonconforming use.
(2)
Where the only buildings or structures or other physical
improvements employed are accessory or incidental to such nonconforming
use.
(3)
Where the improvements which comprise all or substantially
all of the improvements employed with such nonconforming use are underground
or substantially at ground level.
The following nonconforming dwelling houses
which are situated on less than full lots shall be exempt from the
provisions of this article only but in all other respects shall be
subject to the Zoning Code.[1]
[1]
Editor's Note: The list of nonconforming dwelling
houses is on file in the office of the Village Clerk-Treasurer.
[Added 3-3-2020 by Ord.
No. 20-03]
A.
New lots to meet requirements. No lot shall be created which does
not meet the lot dimensional requirements of the associated zoning
district.
