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Zoning Ordinances › Article 6 — ADMINISTRATIVE

1. 1. Within the districts established by this Division, or amendments that may later be adopted, there exist lots, structures and uses of land which were lawful before this or otherwise unlawful under the provisions of this Division or future amendments.
2. 2. It is the intent of this Division to permit these non-conformities to continue until they are removed, but not to encourage their survival. Such non-conforming uses and structures are declared by this Division to be incompatible with permitted uses in the districts involved. It is further the intent of this Division that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
3. 3. Non-conforming uses are considered to present a greater public burden than non- conforming lots and structures, therefore the intent of this chapter is to gradually eliminate non-conforming uses or decrease their non-conforming status, but to permit certain non-conforming uses to continue under certain conditions.
4. 4. Non-conforming lots and structures are typically those established prior to the current zoning standards. The Village intends to allow continued use of these lots and structures in certain cases. Accordingly, this Division establishes regulations that govern the completion, restoration, reconstruction and expansion of non-conforming structures which do not increase the non-conforming situation.
5. 5. To avoid undue hardship, nothing in this Division shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner except that where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the structure involved.

1. 1. Use of Nonconforming Lots. Any lot of record existing at the effective date of the ordinance codified in this chapter that now fails to meet the requirements for area or width, or both, that are generally applicable in the district shall be considered a nonconforming lot. A principal building and customary accessory buildings for a permitted use may be erected on any nonconforming lot of record, provided all other standards of this title are met, such as setbacks, minimum floor area, maximum height and access requirements.
2. 2. Variance to Area and Dimensional Requirements. If the use of a nonconforming lot requires a variation in minimum floor area or dimensional (minimum setback and maximum height) standards, then the use shall be permitted only if a variance is granted by the Zoning Board of Appeals.
3. 3. Nonconforming Contiguous Lots Under the Same Ownership. The following regulations shall apply to nonconforming contiguous lots under the same ownership. The intent of these regulations is to ensure that development of nonconforming lots will not overbuild the lots, result in a development pattern or structures that are out of character with the surrounding neighborhood, diminish access to open space, sunlight, and views for existing residences and will be in accordance with the residential density planned for in the Village of Mayville Master Plan.
4. 4. If two or more lots or combination of lots with contiguous frontage are or have been under single ownership are of record at the time of adoption or amendment of this title, and if all or part of the individual lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an individual parcel for the purposes of this chapter, except as provided in subsection (C)(4) of this section. The lots must be combined prior to receiving a building permit for any construction activity, including additions, renovations or new construction.
5. 5. No portion of said parcel shall be used, occupied, or sold in a manner which diminishes compliance with lot width and area requirements established by this title, nor shall any requirements stated in this title.
6. 6. Any combination, in whole or in part, of nonconforming lots of record shall result in lots that conform to the requirements of this title to the maximum extent feasible. Any altering of lot lines or combination of lots shall result in lots that conform to the requirements of this title. Once any combination that creates a conforming lot occurs, the resulting lot shall not retain nonconforming lot of record status and will hereafter be required to comply with the lot requirements of this title.
7. 7. Where an individual owns two or more contiguous nonconforming lots, the lots may be sold or developed as separate individual lots only where each individual lot has an area and width equal to or greater than the median area and width of all developed lots within seven hundred fifty feet. The seven-hundred-fifty-foot dimension shall be measured from the perimeter of the applicant's lots and shall include all lots or portions of lots within seven hundred fifty feet but shall only include lots that are within the same zoning district. Where there are multiple lots developed with a single dwelling, these lots shall be considered a single combined lot for calculation of median area and width. Multiple contiguous vacant lots under the same ownership shall be considered a single combined lot for calculation of median area and width. The applicant shall provide a map and calculations to certify the median lot area and width.

Where, at the effective date of this Article or amendment thereto, lawful use of land exists that is made no longer permissible under the provisions of this Article as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following limitations:

1. 1. No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Article.
2. 2. No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Article.
3. 3. A non-conforming use shall be determined to be abandoned if one or more of the following conditions exist, and which shall be deemed to constitute an intent on the part of the property owner to abandon the non-conforming use. a. Utilities, such as water, gas and electricity to the property, have been disconnected. b. The property, buildings, or grounds have fallen into disrepair. c. Signs or other indications of the daily use of the non-conforming use have been removed. d. Removal of equipment or fixtures which are necessary for the operation of the non- conforming use. e. Other actions, which in the opinion of the Village President, constitute an intention on the part of the property owner or lessee to abandon the non-conforming use.
4. 4. Those alleged non-conforming uses which cannot be proved to have been legally existing prior to the effective date of this section shall be declared illegal and shall be discontinued following the effective date of this section.

1. 1. Where, at the effective date of this ordinance section or amendment thereto, a lawful structure exists that could not be built under the provisions of this section by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following limitations:
2. 2. No such structure may be enlarged or altered in a way which increases its nonconformity within the provisions of this chapter.
3. 3. Any additions or modifications to such structure should bring the structure into greater conformity with the architectural and site standards applicable to the addition or modification.
4. 4. Any addition greater that 25% of the gross floor area of the principal building shall require the entire addition to fully meet the setback and build to standards.
5. 5. Any addition less than 25% of the gross floor area of the principal building is required to meet the architectural and site standards but may be granted flexibility by the Village President with bringing the building into greater conformity with the setback and build to standards.
6. 6. Should such structure be destroyed by any means to an extent greater than fifty percent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
7. 7. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.
8. 8. Should such structure be altered or modified so as to eliminate, remove or lessen any or all of its non-conforming characteristics, then such non-conforming characteristics shall not be later reestablished or increased.

1. A non-conforming residential building may be expanded into a required side or rear yard in a manner that does not comply with the setback standards with approval from the Village President. The Village President shall utilize the following standards: a. The expansion does not involve an additional story to the residential building. b. The expansion does not extend closer to the lot line than any existing, non- conforming part of the structure. c. The addition does not extend beyond the predominant existing building line along the same block. d. The addition retains compliance with all other setback, lot coverage, and height requirements. e. The addition will meet all minimum building code requirements. f. The resultant addition, in terms of dimensions and design, would be compatible with the established character of the neighborhood. g. The design of the addition must be compatible with the existing structure and not detract from the appearance of the site. h. The expansion of a residential building with a non-conforming yard, not meeting the requirements above, shall be prohibited unless a variance is granted by the Zoning Board of Appeals (ZBA).

Where, at the effective date of this ordinance or amendment thereto, lawful use of a structure, or of a structure and land in combination, exists that is made no longer permissible under the provisions of this subject to the following limitations:

1. 1. No existing structure devoted to a use not permitted by this chapter in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zoning district in which it is located.
2. 2. Any non-conforming use may be extended throughout any parts of a structure which were arranged or designed for such use, and which existed at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such structure.
3. 3. If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another non-conforming use provided that the ZBA, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate in the district than the existing non-conforming use; in permitting such change, the ZBA may require appropriate conditions and safeguards in accord with the purpose and intent of this ordinance.
4. 4. Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use may not thereafter be resumed.
5. 5. When a non-conforming use of a structure, or structure and premises in combination, is discontinued or ceases for six (6) consecutive months or for eighteen (18) months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used, except in conformance with the regulations of the zoning district in which it is located; structures occupied by seasonal uses shall be excepted from this provision. These provisions may be waived, as determined by the Village President, upon substantiation that there is intent to continue the nonconformity.
6. 6. Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.

1. 1. The intent of this Section is to permit improvements and minor modifications to sites containing uses and building(s) which do not meet all of the various site improvement related regulations of this Zoning Ordinance, including provisions such as landscaping, signage, building materials and architecture, paving and other non-safety site related items. The purpose is to allow gradual compliance with these and other site related requirements, for the entire site, for sites that predate the Ordinance requirements.
2. 2. Site improvements or expansions on nonconforming sites may be permitted by the Village President or the Planning Commission during special land use, conditional land use, site plan review, without a complete upgrade of all site elements under the following conditions. The Village may require a performance guarantee to ensure that all improvements permitted under this Section will be made in accordance with the approved plan.
3. 3. There are reasonable site improvements proposed to the overall site in relation to the scale and construction cost of the proposed building improvements or expansion.
4. 4. Safety-related site issues, or those regulated by State and Federal laws, are met.
5. 5. Driveways that do not conform with the access management requirements of this Ordinance shall be eliminated to the extent practical, provided that the minimum reasonable access shall be maintained, as determined by the standards of Article 4, Planning Commission.
6. 6. Landscaping shall be required to conform to the requirements of Article 4, Division 3: Landscape Standards and Tree Replacement; exceptions will be permitted only where the existing site conditions prevent full compliance.
7. 7. All signs must conform with Article 4, Division 4: Signs. Existing pole signs shall be replaced with monument signs. Some size allowances may be granted where site conditions warrant such consideration.
8. 8. All lighting, including pole and building mounted, must conform with Article 4, Division 5: Lighting Standards.
9. 9. The improvements or minor expansions shall not increase any existing nonconformity with the site requirements.
10. 10. A site plan shall be submitted and reviewed in accordance with Article 5, Division 1: Site Plan Review.

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