A. Scope: The regulations of this chapter govern nonconformities, which are lots, uses, and structures that were lawfully established but - typically because of the adoption of new or amended regulations, acts of condemnation or other circumstances - no longer comply with one or more requirements of this title.
B. Intent:
1. Occasionally, lots, uses, and structures that were lawfully established (i.e., in compliance with all regulations in effect at the time of their establishment) have been made nonconforming because of changes in the zoning regulations that apply to the subject property (e.g., through zoning map amendments or amendments to the text of this title), through acts of condemnation, or other circumstances. The regulations of this chapter are intended to clarify the effect of such nonconforming status and avoid confusion with "illegal" buildings and uses (those established in violation of applicable zoning regulations). The regulations of this Chapter are also intended to:
a. Recognize the interests of landowners in continuing to use their property for uses and activities that were lawfully established;
b. Promote maintenance, reuse and rehabilitation of existing buildings; and
c. Place reasonable limits on nonconformities that have the potential to adversely affect surrounding properties.
2. The regulations recognize that buildings and structures have a long useful life and allowing their continued occupancy and modernization can be more desirable than requiring them to remain vacant if they cannot be converted to conforming uses.
C. Authority To Continue: Any use which existed lawfully at the effective date hereof, and which remains or becomes nonconforming upon the effective date hereof, may be continued subject to the regulations herein set forth.
D. Determination Of Nonconforming Status:
1. The burden of proving that a nonconformity exists (as opposed to a violation of this zoning ordinance) rests entirely with the subject owner.
2. The Zoning Officer is authorized to determine whether adequate proof of nonconforming status has been provided by the subject owner.
3. Building permits, lawfully recorded plats, aerial photography owned by the village and other official government records that indicate lawful establishment of the use, lot or structure constitute conclusive evidence of nonconforming status. If such forms of conclusive evidence are not available, the community development director is authorized to consider whether other forms of evidence provided by the applicant are reliable and adequate to document nonconforming status. Common examples of evidence that may be determined to be reliable and adequate include:
a. Professional registrations or licenses;
b. Utility billing records;
c. Leasing records;
d. Advertisements in dated publications;
e. Listings in telephone or business directories; and
f. Notarized affidavits affirming the date of lawful establishment of the use, lot or structure.
4. The Zoning Officer's determination of nonconforming status may be appealed in accordance with Sec. 10-12-6.
E. Repairs And Maintenance:
1. Nonconformities must be maintained to be safe and in good repair.
2. Repairs and normal maintenance necessary to keep a nonconformity in sound condition are permitted unless the work increases the extent of the nonconformity or is otherwise expressly prohibited by this zoning ordinance.
3. Nothing in this Chapter is intended to prevent nonconformities from being structurally strengthened or restored to a safe condition in accordance with an order from a duly authorized order of a public official.
F. Change Of Tenancy Or Ownership: Nonconforming status runs with the land and is not affected by changes of tenancy, ownership, or management. (Ord. 20-1982, 8-25-2020)