(a) The lawful non-conforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter. However, it shall not be extended, enlarged, reconstructed, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
(b) Total lifetime structural repairs or alterations of a lawfully established non-conforming building shall not exceed 50% of the village’s assessed value of the building, premises, structure, or fixture at the time of its becoming a non-conforming use unless it is permanently changed to conform to the use provisions of this chapter.
(c) (1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
DEVELOPMENT REGULATIONS. The part of this chapter that applies to elements including setback, height, lot coverage, and side yard.
NON-CONFORMING STRUCTURE. A dwelling or other building that existed lawfully before this chapter was enacted or amended, but that does not conform to one or more of the development regulations in this chapter.
(2) Nothing in this chapter prohibits, or limits based on cost, the repair, maintenance, renovation, or remodeling of a non-conforming structure.
(d) (1) Restrictions in this chapter that are applicable to damaged or destroyed non-conforming structures and that are contained in an ordinance enacted under this subsection (a) do not prohibit the restoration of a non-conforming structure if the structure will be restored to the size, subject subsection (c)(2) above, location, and use that it had immediately before the damage or destruction occurred, or impose any limits on the costs of the repair, reconstruction, or improvement if all of the following apply.
a. The non-conforming structure was damaged or destroyed on or after March 2, 2006.
b. The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.
(2) The structure may be larger than the size it was immediately before the damage or destruction if necessary, for the structure to comply with applicable state or federal requirements.
(e) Where a building located in a district restricted against its use has been destroyed by fire or other calamity to the extent of not more than 50% of its value assessed by the village, the same may be rebuilt; but where such a building is destroyed to the extent of more than 50% of its assessed value, a permit may be granted for its reconstruction within 12 months from the date of such fire or other calamity, except any public utility located in a restricted district shall be permitted to rebuild, alter, or enlarge in any business or industrial district as the interest of the public demands.
(Ord. passed 1-18-2021)