(A) Definition of nonconforming structures. Structures which at one time conformed to applicable zoning regulations, but because of subsequent amendments to the Code no longer conform to applicable setback, height, lot coverage or other dimensional or bulk provisions or do not meet other on-site development standards, such as an insufficient number of parking spaces, of this Code, are considered NONCONFORMING STRUCTURES.
(B) Ordinary repairs and maintenance. Normal maintenance and incidental repair may be performed on any nonconforming structure. No repairs or reconstruction shall be made that would create any new nonconformity, increase the degree of any previously existing nonconformity, or increase the bulk of the structure in any manner.
(C) Structural alterations. No structural alterations shall be performed on any nonconforming structure, except in the following situations:
(1) When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting the public safety.
(2) When the alteration will result in eliminating the nonconformity.
(3) When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity.
(D) Additions and enlargements. A structure that is nonconforming with respect to its bulk shall not be added to or enlarged.
(E) Relocation. A nonconforming structure shall not be relocated, in whole or in part, to any other location on the same zoning lot or parcel. A nonconforming structure may be relocated to another zoning lot or parcel if the structure conforms to all regulations of the zoning district in which it is relocated.
(F) Damage or destruction.
(1) In the event that any nonconforming structure is damaged or destroyed to the extent of 50% or more of its replacement value at that time, then the structure may not be restored or rebuilt unless the structure, including foundation is made to conform to all regulations of the zoning district in which it is located.
(2) When such a structure is damaged or destroyed to the extent of less than 50% of the replacement value at that time, it may be repaired and reconstructed provided that no new nonconformities are created and that the existing degree of nonconformity is not increased. A building permit shall be obtained for such rebuilding, restoration, repair or reconstruction within one year of the date of damage or destruction, and the construction shall be completed within one year of issuance of the building permit.
(3) The replacement value of the structure shall be based on:
(a) The sale of that structure within the previous year or, if that is not applicable;
(b) An appraisal within the last two years or, if that is not available;
(c) The amount for which the structure or property was insured prior to the date of the damage or destruction or, if that is not available;
(d) An alternative method determined acceptable by the village.
(4) In the event that the building permit is not obtained within one year, or that repairs are not completed within one year of the issuance of the building permit, then the structure shall not be restored unless it conforms to all regulations of the district in which it is located.
(G) Extension of walls for nonconforming single-family structures. Where a legal nonconforming single-family residential structure encroaches onto the required front, corner side, rear or interior side setback, said structure may be enlarged or extended vertically or horizontally as defined by its existing perimeter walls, so long as:
(1) The resulting structure does not increase the degree of the existing nonconformity or otherwise violate this subchapter.
(2) If the encroachment is within the interior side setback, the resulting setback is at least 50% of that which would otherwise be required.
(3) If the encroachment is within the front, corner side or rear setback, the resulting setback is at least 80% of that which would otherwise be required.
(H) Existing developments deemed conforming for impervious surface. Lots existing as of January 25, 2011 shall not be considered nonconforming if they exceed the maximum impervious surface requirement of this Code, and all current impervious surfaces may be repaired and reconstructed. However, if the lot is redeveloped, in that the principal structure is torn down, such lots must then conform to the impervious surface limitations of this Code.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18) Penalty, see § 153.999