Village of Hobart, WI Article IV General Provisions

§ 295-9 Jurisdiction.

The jurisdiction of this chapter shall include all lands and waters within the Village of Hobart.

§ 295-10 Effect on existing provisions.

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.

§ 295-11 Building and uses.

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:

[1] May be the greater of 864 square feet or 1/60th of the lot square footage, but shall not exceed 2,500 square feet;

[2] Shall not occupy more than 30% of an area lying between the main residential structure and the required rear yard setback in all zones;

[3] Detached accessory buildings located closer to a street right-of-way than the rear plane of the principal structure shall not exceed the lesser of 864 square feet or the maximum allowed accessory building square footage as described in Subsection D(1)(b).

(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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

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.

§ 295-12 Area regulations.

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.

§ 295-13 Height regulations.

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.

§ 295-14 Front, side, and rear yard regulations.

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.

§ 295-15 Fences, walls, hedges and berms.

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.

§ 295-16 (Reserved) [1]

[1] Editor’s Note: Former § 295-16, Mounds, septic systems, drain fields, was repealed 9-18-2018 by Ord. No. 2018-11

§ 295-17 Swimming pools.

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.

(1) A fence in compliance with Subsection B 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.

§ 295-18 House numbering.

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.

(1) The Police Department, Public Works Department, or Zoning Administrator/Building Inspector shall inform the owner and Zoning Administrator/Building Inspector of said property of address numbering violation.

(2) The owner shall within 30 days of notice correct the numbering address violation.

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.

(2) Upon conviction thereof, violators shall be subject to the penalties provided in § 1-3. Each day shall be considered a separate violation.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 295-19 Nonconforming uses, developments and structures.

[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;

[2] A nonconforming building may be constructed 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, subject to compliance with Subsection B(2).

§ 295-20 Preexisting substandard parcels.

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.

§ 295-21 Preexisting nonconforming uses and developments.

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.