Nonconforming structures may be continued, repaired, replaced, enlarged or expanded in accordance with the following provisions:
(A) Continuance of nonconforming structures. Subject to all limitations in this subchapter, any nonconforming structure may be occupied, operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless in accordance with the allowable standards of this subchapter.
(B) Repair and maintenance of nonconforming structures.
(1) Nothing in this chapter shall prevent the repair, reinforcement, improvement or rehabilitation of any nonconforming structure, or any part thereof, which results from wear and tear, deterioration, fire, windstorm, snowstorm, rainstorm, flood or other casualty damage, nor shall it prevent compliance with the provisions of the State Construction Code Act, relative to the maintenance of buildings or structures.
(2) (a) Such repair and maintenance shall not be so extensive as to constitute a replacement of the structure by replacing an exterior wall(s).
(b) For the purposes of this section, the determination of whether proposed repairs and maintenance constitute replacement shall be made by the Zoning Administrator.
(c) The determination of the Zoning Administrator shall be appealable to the Zoning Board of Appeals.
(C) Replacement of damaged nonconforming structures.
(1) (a) Nothing in this subchapter shall prevent the replacement of any nonconforming building or structure damaged or destroyed by fire, windstorm, snowstorm, rainstorm, flood or other casualty damage beyond the control of the owner, provided such replacement utilizes the original structure footprint and does not increase the original usable floor area or volume of such structure.
(b) Such replacement shall commence within 12 months of the damage or destruction.
(2) If the property owner fails to commence reconstruction within this time frame the nonconforming status shall expire and the property will be required to follow applicable regulations for the zoning district and/or use.
(D) Enlargement or expansion.
(1) A nonconforming structure in which only permitted uses are operated may be enlarged or expanded provided that the area of nonconformance is not increased and provided further that compliance with all of the provisions of this chapter established for structures in the district in which the nonconforming structure is located.
(2) Such enlargement shall also be subject to all other applicable village ordinances.
(Ord. 160, passed 4-21-2022)