The jurisdiction of this chapter shall include all lands and
waters within the Village of Hobart.
Restriction or requirements with respect to buildings or land
or both which appear in other ordinances of the Village of Hobart
or are established by federal, state, and county laws, and which are
greater than those set forth herein, shall take precedence over those
herein. Otherwise, the provisions of this chapter shall apply.
A.
The use of buildings hereafter erected, enlarged, converted, structurally
altered, rebuilt or moved; and existing land shall be used only for
purposes as specified in this chapter. Furthermore, land and building
uses shall be in compliance with the regulations as established herein
or each district.
B.
Not more than one principal detached residential building shall be
located on a lot of record or a zoning lot, except in the case of
planned unit residential developments or multifamily uses.
C.
Permitted, permitted accessory uses, and conditional uses are limited
to the uses indicated for the respective zone districts. Additional
uses shall be allowed upon written recommendation by the Planning
and Zoning Commission and approval by the Village Board. Additional
uses, however, cannot be allowed in the Exclusive Agriculture District,
unless farm-related.
D.
Accessory and utility storage buildings.[1]
(1)
Attached
accessory buildings and utility storage buildings.
(a)
Where an accessory or utility storage building is part of the main
building or is substantially attached thereto, all dimensional regulations
(e.g., setbacks and height) for the principal buildings or structure
shall be applied to the attached accessory and utility buildings.
(b)
Total combined building footprint square footage of attached accessory
building and attached utility storage building use spaces shall not
exceed 50% of the combined footprint of the principal building, attached
accessory building and attached utility building spaces.
(2)
Detached accessory buildings located on lots within the R-1, R-2,
R-3 and R-2-R, R-4 and R-5 Zones which are utilized by a single-family
or two-family dwelling shall meet the following requirements:
(a)
Not more than one such building shall be located on a lot;
(b)
Shall meet the zoning district setback requirements identified in
the respective zoning district;
(c)
Detached accessory building structure area is subject to the following
requirements:
(d)
The width and lengths dimensions of any such building shall
not exceed a ratio of 3:1;
(e)
The height of any such building shall not exceed 25 feet or
the height of the principal structure, whichever is less, and shall
not exceed one story plus a walk-up attic;
(f)
The exterior finish shall be of residential materials which
are substantially similar to those used in the principal structure
with respect to texture, color and general appearance;
(g)
No accessory building shall be constructed on a property before
a principal structure exists or a building permit to construct a principal
structure is issued.
(3)
Detached utility storage buildings located on lots within the R-1,
R-2, R-3, and R-2-R, R-4 and R-5 Zones which are utilized by a single-family
or two-family dwelling shall meet the following requirements:
(a)
Not more than one such building shall be located on a lot;
(b)
Shall be located in the rear yard;
(c)
The width and lengths dimensions of any such building shall
not exceed a ratio of 3:1;
(d)
Building height shall not exceed 10 feet;
(e)
The exterior finish shall be of residential material which are
substantially similar to those used in the principal structure with
respect to texture, color and general appearance;
(f)
No utility storage building shall be constructed on a property
before a principal structure exists or a building permit to construct
a principal structure is issued.
E.
If a nonconforming use of a building or premises is discontinued
for a period of 12 months, any future use of the building or premises
shall conform to the regulations for the district in which it is located.
Existing farming operations shall be exempt from these restrictions.
F.
When a building containing a nonconforming use is damaged by fire,
explosion, act of God, or the public enemy to the extent of more than
50% of its current local assessed value, it definitely shall not be
restored, except in conformity with the regulations of the district
in which it is located. Total structural repairs or alterations in
any nonconforming use shall not, during its life, exceed 50% of the
local assessed value of the building at the time of its becoming a
nonconforming use, unless permanently changed to a conforming use.
G.
No lot area shall be reduced so that the yards and open spaces shall
be smaller than is required by this chapter. If the lot area is less
than that required for the zoning district in which it is located
and was a lot of record at the time of the passage of this chapter,
such lot may be built upon, if it meets the other district requirements
and other requirements of the Brown County Sanitary and Subdivision
Ordinances.
H.
Where the Village Zoning Administrator/Building Inspector has issued
a building permit pursuant to the provisions of this chapter, such
permit shall become null and void, unless work thereon is substantially
underway within six months of the date of the issuance of such permit.
I.
Where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this chapter, and provided that construction is begun within six months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may, upon completion, be occupied under a certificate of occupancy by the use for which originally designed and subject thereafter to the provisions of Article XXXI.
J.
Radio and television transmitting and receiving antennas, as well
as dish antennas, shall be allowed within the lot area not required
for the building setback area in all zones and on the roof of a building
in all business and industrial zones.
K.
Satellite dish antennas greater than 38 inches are not allowed on
the roof of a building in any residential or agricultural zone. However,
radio and television transmitting and receiving antennas are allowed
on roofs in these zones.
L.
Mini warehouse.
(1)
Must have a continuous roof.
(2)
Must have a common wall.
(3)
Must be nonheated.
(4)
Must be nonsewered.
(5)
Maximum height of door shall be 12 feet.
(6)
Access points shall be kept clear of ice and/or snow buildup.
(7)
Water shall be drained away from structure.
(8)
Driveway shall have hard surface within one year of building completion.
(9)
There shall be no outside storage.
(10)
Green space shall be maintained, mowed, etc.
(11)
Roof pitch shall be a minimum of 4/12.
(12)
Overhang is to be one foot on eave end.
A.
Lot size shall comply with the required regulations of the established
district.
B.
No building permit shall be issued for a lot that abuts on half a
street. Said permit shall be issued only after the entire street right-of-way
has been dedicated.
C.
For all lots measuring under five acres in area located in A-1 Agricultural
District that were a lot of record prior to August 5, 2003 (the date
of the adoption of the A-1 zoning ordinance), the Village may, upon
application of the lot owner, issue a building permit for building
additions, remodeling, or accessory buildings based upon the zoning
requirement for R-1, R-2, R-2-R, or Estate Residential, as selected
by the Village Board, provided that said owner(s) sign(s) an agreement
waiving any objection and consenting to the rezoning of the lot to
the same R-1, R-2, R-2-R, or Estate Residential zoning that was the
basis for the building permit conditions set forth above. The agreement
with respect to rezoning shall be a covenant running with the title
to the lot and shall apply to the rezoning of the lot at such time
as any comprehensive rezoning of the area in which the lot is located
is completed by the Village.
A.
Except as otherwise provided in this chapter, the height of any building
thereafter erected, converted, enlarged or structurally altered shall
be in compliance with the regulations established herein for the district
in which such building is located.
B.
Accessory farm buildings, belfries, chimneys, cooling towers, elevator
bulkheads, fire towers, monuments, silos, scenery lofts, tanks, water
towers, ornamental towers, spires, wireless television or broadcasting
towers, masts or aerials, telephone, telegraph and power transmission
poles and lines, microwave radio relay structures and necessary mechanical
appurtenances are hereby exempted from the height regulations of this
chapter.
C.
Churches, schools, hospitals, sanitariums and other public and quasi-public
buildings may be erected to a height not exceeding 60 feet, provided
the front, side, and rear yards required in the district in which
such building is to be located are each increased at least one foot
for each foot of additional building height above the height limit
otherwise established for the district in which such building is to
be located.
D.
Residences may be increased in height by not more than 10 feet when
all yards and other required open spaces are increased by one foot
for each foot by which such building exceeds the height limit of the
district in which it is located.
A.
No front yard in any residential district shall be used for open
storage of boats, vehicles, or any other equipment, except for vehicular
parking on driveways.
B.
No part of a yard or other open space provided about any building
for the purpose of complying with the provisions of this chapter shall
be included as part of a yard or any other open space required for
another building.
C.
Buildings on through lots and extending from street to street may
waive the requirements for a rear yard by furnishing an equivalent
open space on the same lot in lieu of the required rear yard, provided
that the setback requirements on both streets are complied with; and
further provided that no accessory building shall extend within the
setback line on either street.
D.
Only fences, hedges, shrubs or other natural objects three feet or
less in height may be located within a vision corner. Single stem
trees are permitted only if all the foliage between three feet and
eight feet in height is removed. The height measurement is the vertical
distance between the top of the nearest curb or center line of the
road and the top of the fence, shrub or tree.
A.
A fence, wall, hedge or berm may be erected, placed, maintained or
grown subject to the following location and height restrictions:
(1)
No fence, wall, hedge or berm which is located in a required front
or corner side yard shall exceed a height of three feet except as
otherwise provided in this chapter.
(2)
No fence, wall, hedge or berm which is located in a side or rear
yard shall exceed a height of eight feet.
Note: Fences located in the PDD Centennial Centre at Hobart
Zoning District may have additional standards specific to that district.
|
B.
In the Agricultural and Exclusive Agricultural Districts, no fence,
wall, or hedge shall be erected, constructed, maintained, or grown
to a height exceeding four feet above the ground within 15 feet of
any street right-of-way or street right-of-way projected.
C.
In the Community Business, Limited Industrial, and Industrial Park
Districts, no fence, wall, or hedge shall be erected, constructed,
maintained, or grown to a height exceeding three feet above the ground
within 15 feet of any street right-of-way or street right-of-way projected.
D.
Fencing not in the required setback area may not exceed eight feet
in any zone.
E.
Construction and maintenance.
(1)
The height of fences, walls and hedges shall be measured from the
natural grading and contours of the land.
(2)
Fences shall be constructed with the finished side facing the neighboring
property. Where support posts are installed on one side of the fence,
the posts shall be on the side facing the owner of the fence.
(3)
Every fence shall be constructed in a straight and true, substantial
workmanlike manner. Fences shall be erected and constructed in a uniform
fashion with uniformity in material use, application and construction.
Fences shall be constructed of material reasonably suited for the
purpose for which the fence is proposed to be used.
(4)
Fences shall be constructed so the bottom side of the fence follows
the contour of the land with any space between the bottom of the fence
and grade maintaining a uniform height above grade for the length
of the fence.
(5)
Every fence shall be maintained in a condition of reasonable repair
and shall not be allowed to become and remain in a condition of disrepair
or danger or constitute a nuisance, public or private. Any such fence
which is, or has become, dangerous to the public safety, health or
welfare, is a public nuisance and shall be repaired, replaced or removed.
(6)
No fence, wall, hedge or berm shall be erected, placed, maintained
or grown which creates an obstruction to the natural or designed surface
storm drainage patterns in the surrounding area.
(7)
In those instances where a fence exists as an enclosure which restricts
access from the front to the rear yard, a gate, identifiable as a
collapsible section, or other such means of recognizable ingress,
shall be unobstructed and a minimum of three feet in width. The location
of such ingress points shall be positioned at any point paralleling
the front lot line between the side lot property line and the principal
structure.
F.
Earthen berms shall be constructed not less than six feet from property
lines. The property owner must ensure proper drainage. Any fence,
wall or hedge placed on a berm shall comply with all requirements
of this section. The height of berms, fences and hedges shall be measured
from the natural grading and contours of the land, not from the grade
elevation of the berm.
G.
Prohibited materials and their exclusions. Barbed wire, razor wire,
chain link fencing with barbed/sharp ends, aboveground electric fencing,
snow fencing, chicken wire, hardware cloth and fencing of similar
materials are prohibited, except as provided by the following:
[Amended 1-6-2015 by Ord.
No. 01-205]
(1)
Barbed wire, chicken wire, hardware cloth and fencing of similar
materials where erected on farming lands used to enclose or create
boundaries for areas used for cultivation, crops or livestock.
(2)
Barbed wire in Industrial District fencing where the barbed wire
is placed at least seven feet above the ground.
(3)
Low-voltage electric fencing erected on farming lands where said
fencing is used to create barriers/boundaries for the containment
of livestock.
(4)
Snow fencing, chicken wire, hardware cloth and fencing of similar
materials are allowed as a temporary use without a building permit
from October 15 through April 15 or to barricade construction sites
any time during the year.[1]
[1]
Editor's Note: Original Subsection 8, Words defined, which
immediately followed this section, was repealed 1-6-2015 by Ord. No.
01-2015.
[1]
Editor’s Note: Former § 295-16, Mounds, septic
systems, drain fields, was repealed 9-18-2018 by Ord. No. 2018-11
A.
No construction of a swimming pool shall begin unless a permit therefor
has been obtained. The application for such permit shall be accompanied
by a site plan showing the size, location and description of the property.
B.
Permanent above or in-ground pools shall comply with setback requirements
of the zone in which the proposed pool is to be located. In determining
this setback for aboveground pools with permanent fencing or decks,
any deck, walkway, or similar structure shall be considered part of
the pool.
C.
All pools shall be encompassed by fencing as provided under this
section.
D.
All fences under this section shall be constructed in such a manner
as to comply with the following requirements:
(1)
The fence must be able to withstand 200 pounds of force in any direction.
(2)
The fence shall be so constructed and designed so as to prevent penetration
of an object greater than six inches in diameter.
(3)
All such fences shall be constructed with a locking door or gate
which complies with all other height and structural requirements in
this section.
E.
Permanent in-ground pools shall be encompassed by a freestanding fence not less than 48 inches nor more than 96 inches from the ground level. Such fence shall be no less than three feet from the pool at its nearest point. The fence shall comply with Subsection D above.
F.
Aboveground pools shall be encompassed by fencing which complies with one or any combination of options listed below and complies with Subsection D of this section.
(2)
A fence, no closer than three feet to the pool, provided such fence
be at least 36 inches above the top edge of the pool and not less
than 48 inches nor more than 96 inches from ground level.
(3)
A fence attached to a deck or walkway, provided such fence is at least 36 inches above the surface of the deck or walkway and complies with Subsection F(2) above.
(4)
An aboveground pool at least 48 inches aboveground does not require
a fence.
(5)
All decks or ladders attached to a pool require a lockable gate.
G.
No person shall operate a public swimming pool on any premises zoned
residential. The operation of a public swimming pool on residential
premises is declared to be a public nuisance. A public swimming pool
is any swimming pool operated by the owner or lessee thereof for financial
gain, no matter how incidental the financial gain is to the overall
operation.
H.
No residential swimming pool shall be so located, designed, operated,
or maintained as to interfere unduly with the enjoyment of the property
rights by owners of property adjoining the swimming pool or located
in the neighborhood.
I.
Lights used to illuminate any residential swimming pool shall be
so arranged and shaded as to reflect light away from adjoining premises.
J.
No person shall make, continue or cause to be made or continued at
any residential swimming pool any loud, unnecessary or unusual noise
or any noise which annoys, disturbs, injures or endangers the comfort,
repose, health, peace, or safety of others. In the operation of a
residential swimming pool, the use or permitting the use or operation
of any radio, receiving set, musical instrument, phonograph, or other
machine or device for the producing or reproducing of sound in such
manner as to disturb the peace, quiet, and comfort of the neighboring
inhabitants, or at any time within louder volume than is necessary
for convenient hearing of the persons who are in the residential swimming
pool premises, shall be prohibited.
K.
Every person using an outdoor residential swimming pool shall wear
a bathing suit or other suitable garment to protect his/her person
from indecent exposure.
A.
House numbering according to map.
(1)
All lots and parts of lots in the Village of Hobart shall be numbered
in accordance with the plat book now on file in the Village Office.
(2)
All lots and parts of lots hereafter platted shall be numbered to
conform as nearly as possible to the general scheme of numbering as
outlined on such map.
B.
Correcting existing numbers.
(1)
The owner of any dwelling, tenement, or building required by this
chapter to be numbered, and which is not numbered or is incorrectly
numbered shall cause the same to be numbered or renumbered, as the
case may be, forthwith and not later than 30 days from the effective
date hereof, and shall thereafter maintain the same, in compliance
with this chapter.
(2)
It shall be the duty of each owner of any dwelling, tenement, or
building fronting upon any street or alley, within 30 days from the
effective date of this chapter, to properly number the same as herein
provided and shall thereafter maintain the same.
C.
Placement and size of number.
(1)
Numbers must be in Arabic numeral form.
(2)
Numbers shall be not less than three inches high.
(3)
The numbers shall be in contrasting colors and conspicuously placed
immediately above garage door or at the side of the main door of each
building so that the numbers can be seen plainly from the street.
(4)
Whenever any building is more than 50 feet from property right-of-way,
the number of the building shall be conspicuously displayed at the
property right-of-way line, within 10 feet of walk, driveway or common
entrance to such building and upon the gatepost, mailbox, post, or
other appropriate place so it is easily discernible at all times from
the street.
(5)
Where a common driveway is used by two or more private property owners,
they shall post the building addresses at the road right-of-way within
10 feet of the common driveway entrance and where each private driveway
branches off of a common driveway.
D.
House numbering for second floor. Where the second floor of a structure
is separately occupied, the same shall be given a separate letter
in addition to the number of the first floor. In multiple dwellings,
numbering shall be as directed by the Zoning Administrator/Building
Inspector.
E.
Enforcement.
F.
Violations and penalties.
(1)
If the owner of any dwelling, tenement or building required to be
numbered or renumbered by this chapter neglects or fails to do so
within the said thirty-day period, the Zoning Administrator/Building
Inspector shall cause to be served upon such owner a notice requiring
such owner to comply with this chapter. If he/she neglects or fails
to do so within 10 days of notification, he/she shall be deemed to
have violated this chapter.
[Added 3-18-2014]
A.
Applicability and intent. Any use of land or structures, or any lot
or structure which lawfully existed at the effective date of adoption
or amendment of this chapter which would not be permitted or permissible
by the provisions of this chapter as adopted or amended, shall be
deemed nonconforming. It is the intent of this chapter to permit such
nonconformities to continue until they are removed, subject to certain
restrictions.
B.
Nonconforming structures. Where, at the effective date of adoption
or amendment of this chapter, a building or structure exists which
could not be erected in the district in which it is located by reason
of restriction on area or coverage, height, yards, its location on
the lot or other requirements concerning the structure, such structure
may continue in existence subject to the following restrictions:
(1)
Maintenance, repair, renovation and remodeling.
(a)
Maintenance, repair, renovation or remodeling are defined as
follows:
[1]
The repair or replacement of doors, windows, interior walls,
fixtures, heating and air-conditioning components, wiring, plumbing,
siding, roofing, or other nonstructural components.
[2]
Adding, removing, changing or rearranging of supporting members
of an existing structure such as walls, columns, beams, girders or
partitions.
(b)
Maintenance, repair, renovation and remodeling made to nonconforming
buildings and structures are permitted, provided that the nonconforming
structure or building does not increase the nonconformity.
(2)
Additions.
(a)
An addition shall be defined as anything that increases the
size or volume of a building or structure.
[1]
For purposes of this section, size is defined as the site coverage,
physical dimension, volume, height, length, width, or gross floor
area.
(b)
Additions made to nonconforming structures are permissible subject
to the following:
[1]
Additions meeting all zoning district setbacks are allowed.
[2]
Additions employing established nonconforming yard setbacks
shall be limited to 50% of the current assessed fair market value
of the nonconforming structure for the lifetime of the structure.
Such additions shall not encroach any further into established nonconforming
yard setbacks.
[a]
A record shall be kept which lists the nonconforming
structures, their assessed fair market value, and the cost of those
additions which have been permitted. Such records shall be cumulative
and track the cost of the additions for the lifetime of the structure.
(c)
Additions shall meet all other provisions of this chapter, including,
but not limited to, height, maximum lot coverage, off-street parking
and loading facilities, and landscaping standards.
(3)
Relocation.
(a)
Relocation shall be defined as any repositioning of a structure
on its site or moving any structure to another site.
(b)
No structure shall be moved in whole or in part to any other
location on the same or any other site unless the structure complies
with all current code standards.
(c)
If a structure is relocated to a new site, it shall also comply
with all other provisions of this chapter, including but not limited
to, maximum lot coverage, off-street parking, and loading facilities,
and landscaping standards.
(4)
Restoration of nonconforming buildings.
(a)
Nonconforming buildings damaged or destroyed by violent wind,
vandalism, fire, flood, ice, snow, mold, or infestation may be restored
to the size and location and use that it had immediately before the
damage or destruction occurred, subject to:
[1]
Restoration may be made without limits on the costs of the repair,
reconstruction or improvements;
A.
Lots or parcels used or proposed to be placed in a use allowable
under this chapter that are deficient in minimum lot area or minimum
lot width may be allowable for such use if the parcel was of record
with the Register of Deeds on the effective date of this chapter (October
1975) in its current size or shape and if the following conditions
are met:
[Amended 12-16-2014]
(1)
If one or more adjoining parcels are owned by the same party and
if joinder of parcels or movement of parcel boundaries is determined
to be feasible, the substandard parcel may be required to be made
standard by combination with the adjoining parcel or movement of parcel
boundaries.
(2)
If the deficiency is lack of required frontage on a public street,
an existing substandard parcel may nevertheless be approved if it
has either 20 feet of frontage on a public street or (for residential
parcels) effective and workable easement access to a public street.
(3)
An existing substandard parcel that is zoned residential may be allowable
as a site for a residential dwelling structure not to exceed two units
if it has 6,000 square feet of lot area and at least 60 feet of lot
width at the building line and effective and workable easement access
to a public street. If such a parcel is 6,000 square feet or more
in area but less than standard dimensions, the area of such lot may
not be reduced.
B.
These allowances apply only to preexisting substandard parcels and
do not establish policy or precedent favoring the creation of new
substandard lot configurations.
A.
Applicability and intent. Any use of land or structures or any lot
or structure which lawfully existed at the effective date of adoption
or amendment of this chapter which would not be permitted or permissible
by the provisions of this chapter as adopted or amended, shall be
deemed nonconforming. It is the intent of this chapter to permit such
nonconformities to continue, subject to certain restrictions.
B.
Nonconforming uses of land (or land with minor structures only).
Where at the effective date of adoption or amendment of this chapter
a lawful use of land exists which would not be permitted or permissible
in the district in which it is located, and where such use involves
a structure or structures with a fair market value of less than $10,000,
such use may be continued subject to the following restrictions:
[Amended 12-16-2014]
(1)
Such use shall not be enlarged, increased, nor extended to occupy
a greater area of the lot than was occupied at the effective date
of adoption or amendment of this chapter.
(2)
Such use shall not be moved in whole or part to any other portion
of the lot other than the portion occupied by such use at the effective
date of adoption or amendment of this chapter.
(3)
When such use is discontinued or abandoned for a period of more than
12 consecutive months for any reason whatever, or when such use is
replaced by a permitted or permissible use, a nonconforming use shall
not thereafter be resumed.
(4)
No additional structure in connection with such use shall be erected.
C.
Nonconforming uses of structures. Where at the effective date of
adoption or amendment of this chapter the use of a structure exists
which would not be permitted or permissible in the district in which
it is located, and where such use involves a structure with a fair
market value exceeding $10,000, such use may be continued, subject
to the following restrictions:
(1)
No existing structure devoted to a use not permitted or permissible
shall be enlarged, extended, constructed, reconstructed, moved, or
structurally altered except in changing the use of the structure to
a use permitted or permissible in the district in which it is located.
(2)
Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the effective
date of adoption or amendment of this chapter. Any nonconforming use
which occupied a portion of a building not originally designed or
intended for such use shall not be extended to any part of the building.
No nonconforming use shall be extended to occupy any land outside
the building, nor any other building not used for such nonconforming
use.
(3)
There may be a change in tenancy, ownership, or management of a nonconforming
use, provided there is no change in the nature or character of such
nonconforming use.
(4)
When such use of a structure is discontinued or abandoned for a period
of more than 12 consecutive months for any reason whatever, or when
such use is replaced by a permitted or permissible use, a nonconforming
use shall not thereafter be resumed.
(5)
If a structure occupied by a nonconforming use is removed or destroyed
or damaged to an extent of more than 50% of its fair market value
at the time of destruction, the nonconforming use shall not be resumed.
D.
Nonconforming structures. Where, at the effective date of adoption
or amendment of this chapter, a lawful building or structure exists
which could not be erected in the district in which it is located
by reason of restriction on area or coverage, height, yards, its location
on the lot or other requirements concerning the structure, such structure
may continue in existence, subject to the following restrictions:
[Amended 12-16-2014]
(1)
Such structure shall not be altered in any manner which would increase
the degree of nonconformity. The total structural repairs or alterations
in such nonconforming structure shall not during its life exceed 50%
of the fair market value of the structure.
(2)
If such structure is destroyed or damaged to an extent of less than
50% of its replacement cost at the time of destruction, it may be
reconstructed, provided reconstruction shall substantially reflect
the prior structural arrangement and shall not increase the degree
of nonconformity. If such structure is destroyed or damaged to an
extent of more than 50% of its fair market value at the time of destruction,
it shall not be reconstructed except in conformity with the provisions
of the district in which it is located.
E.
Nonconforming characteristics of use. If characteristics of use such
as lighting, parking, noise or other matters pertaining to the use
of land, structures and premises are made nonconforming by the provisions
of this chapter as adopted or amended, no change shall thereafter
be made in such characteristics of use which increases the nonconformity;
provided, however, that changes may be made which do not increase,
or which decrease, such nonconformity.
F.
Nonconforming lots of record.
(1)
In any district, any permitted or permissible structure may be erected
on a single lot of record at the effective date of adoption or amendment
of this chapter. This provision shall apply even though such lot fails
to meet the requirements of lot area, lot width, or both for the district
in which it is located, provided such lot shall be in separate ownership
and not of continuous frontage with other lots in the same ownership,
and provided all other requirements for the district are met.
(2)
If two or more lots, or combinations of lots and portions of lots
with continuous frontage in single ownership are of record at the
effective date of adoption or amendment of this chapter, the lands
involved shall be considered to be in individual parcel for the purposes
of this chapter, and no portion of such parcel shall be used, divided,
or sold which does not meet the lot area and lot width requirements
for the district in which it is located.
G.
Nonconforming signs. No nonconforming sign shall be altered in any
manner which would increase the degree of nonconformity. If such sign
is destroyed or damaged to an extent of more than 50% of its replacement
cost at the time of destruction, such sign shall be replaced as a
conforming sign. If a nonconforming sign is destroyed or damaged to
an extent of less than 50% of its replacement cost at the time of
destruction, it may be reconstructed, provided any reconstruction
does not increase the degree of nonconformity which previously existed
unless approved by the Village Board.
H.
Casual, temporary, or illegal use. The casual, temporary, or illegal
use of land or structures, or land structures in combination, shall
not be sufficient to establish the existence of a nonconforming use
or to create rights in the continuance of such use.
I.
Repairs and maintenance. Nothing in this chapter shall be deemed
to prevent normal maintenance or repair of any structure or to prevent
restoring to a safe condition any structure declared to be unsafe.
J.
Existing special exceptions. Any use or structure existing on the
effective date of adoption or amendment of this chapter which is classified
as a special exception in the district in which it is located shall
be deemed to have been granted approval, subject to maintaining the
character and extent of such use or structure existing on that date.
Any extension, enlargement or change in such use or structure shall
require approval according to the terms of this chapter.