A. Maintenance. Normal maintenance and repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.
B. Structural Alterations. Structural alterations are permitted only 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 public safety.
2. When the alteration will eliminate the nonconformity.
3. When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity. For example, if a structure is nonconforming in terms of the required front setback (i.e., does not meet the required minimum), a rear addition to the structure may be added if it meets all other regulations of the district.
C. Relocation. A nonconforming structure cannot be relocated, in whole or in part, to any other location on the same lot unless such relocation will make the structure conforming. A nonconforming structure may be relocated to another lot if the structure will conform to all regulations of the zoning district where it is relocated.
D. 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 the time, then the structure may not be restored or rebuilt unless the structure, including foundation, conforms to ail regulations of the zoning district in which it is located.
2. When a nonconforming structure is damaged or destroyed to the extent of less than 50% of the replacement value at the time, it may be repaired and reconstructed provided that no new nonconformities are created and that the existing degree of the nonconformity is not increased. A building permit must be obtained for such rebuilding, restoration, repair, or reconstruction within six months of the date of damage or destruction and the construction completed within one year of the date the permit is issued. In the event that the building permit is not obtained or construction not completed within the timeframes, then the structure cannot be restored unless it conforms to all regulations of the district in which it is located.
3. The replacement value of the structure is based on:
a. Assessed value or an appraisal within the last two years or, if that is not available;
b. The amount for which the structure was insured prior to the date of the damage or destruction: or,
c. An alternative method determined acceptable by the Village.
E. Exemptions. Whenever a lawfully existing structure otherwise conforms to the Chapter regulations but is structurally nonconforming only in the particular circumstances described below, the structure is deemed conforming in regard to that particular element:
1. In any district, when a given single-family dwelling or an accessory structure to a single-family dwelling has met all of the requirements of the district within which it was located at the time it was constructed, and the nonconformity is caused solely by a changed district bulk regulation. However, such building or lot cannot be altered in any way so as to increase the number of dwelling units on the lot and provided further that a minimum of 80,000 contiguous square feet is necessary in the event a horse is stabled on any lot not meeting the minimum lot area requirements of this Chapter.
2. In any nonresidential district, where the existing structure is closer to the lot line of an adjacent residential district than that specified in the regulations for the district in which it is located. This provision applies only to structures that were built in compliance with the Chapter at the time of construction or where a variance was approved. Structures built in violation of the Chapter at the time are not deemed conforming.
3. In any district, an existing building or structure which has been placed on the National Register of Historic Places and/or designated by the Village Board as a Mettawa Landmark or Historic District and is nonconforming in any respect with the standards prescribed in this Chapter.
(Ord. 885, passed 11-21-2023)