A. Applicability: A legal nonconforming structure is a principal or accessory structure that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this title. For the purposes of this section, legal nonconforming structures shall include nonconforming signs, on- site development, off-street parking and loading facilities, and landscape characteristics.
B. Ordinary Maintenance And Repair: Ordinary maintenance and repair may be performed on any legal nonconforming structure provided that such activities will not create any new nonconformity or increase the degree of any existing nonconformity.
C. Structural Alterations, Enlargements, And Additions: Structural alterations, enlargements, and additions shall not be performed on any legal nonconforming structure, except in the following situations:
1. When the alteration, enlargement, or addition is required by law or is necessary to restore the structure to a safe condition upon the order of any official representative of the Village.
2. When the alteration, enlargement, or addition is for the purpose of creating a conforming structure.
3. When the alteration, enlargement, or addition will not create any new nonconformity or increase the degree of any existing nonconformity.
4. When the alteration, enlargement, or addition expands the existing perimeter walls of a legal nonconforming single-family or two-family residential structure, provided that it meets the following conditions:
a. The resulting structure will not create any new nonconformity or increase the degree of any existing nonconformity.
b. The resulting interior side setback is no less than fifty percent (50%) of the required interior side setback.
c. The resulting front, corner side, or rear setback is no less than seventy five percent (75%) of the required front, corner side, or rear setback.
5. When the alteration, enlargement, or addition develops a sustainable accessory structure, such as a rainwater cistern, small wind energy system, or solar energy collection system.
D. Relocation: A legal nonconforming structure shall not be relocated on the same lot or any other lot unless the relocation of such structure meets the requirements of the zoning district to which the structure is relocated.
E. Damage Or Destruction:
1. In the event that a legal nonconforming structure is damaged or destroyed to the extent of fifty percent (50%) or more of its replacement value, then the structure may not be repaired unless it meets the requirements of the zoning district in which the structure is located.
2. In the event that a legal nonconforming structure is damaged or destroyed to the extent of less than fifty percent (50%) of its replacement value, the structure may be repaired provided that:
a. The repairs will not create any new nonconformity or increase the degree of any existing nonconformity.
b. A building permit is obtained for such repairs within one year of the date of damage or destruction, and such repairs are completed within one year of issuance of the building permit.
3. The replacement value of the legal nonconforming structure shall be established by:
a. The sale of the structure within the previous year, or if that is not applicable;
b. An appraisal of the structure within the last two (2) years, or if that is not available;
c. The amount for which the structure was insured prior to the date of damage or destruction, or if that is not available;
d. An alternative method determined acceptable by the Village.
F. Discontinuation Or Abandonment Of Nonconforming Signs: A legal nonconforming sign may not remain in use if the property on which the sign is located is vacant and unoccupied for a period of three (3) months or more. (Ord. 67-2018, 12-18-2018)