My building doesn't meet the current rules — what can I do with it?

Many older buildings at Lake of the Pines were lawful when built but do not meet today's standards — most often on setbacks. A shed three feet from the boundary is the classic example, since the current requirement is 10 feet at the drip edge.

The Township calls these **non-conforming structures**, and its rules are worth understanding before you plan anything.

**You can keep it.** Where a lawful structure existed when the ordinance took effect but does not meet its terms, its use may continue so long as it remains otherwise lawful. The ordinance's stated intent is to permit non-conformities to continue **until they are removed**.

**But you cannot make it worse.** The ordinance states that a non-conforming structure **may not be enlarged or altered in a way that increases its non-conformity** — and separately, that non-conformities shall not be enlarged upon, expanded or extended.

**This is the part that catches people out.** Adding on to a non-conforming building — extending it, putting a lean-to on the side, enlarging the footprint — can trigger a zoning violation. And once a structure is non-conforming, the room to alter it is narrow.

**Moving it forfeits the protection.** Should the structure be moved for any reason whatever, it must thereafter conform to the regulations of the district.

**Reconstruction after destruction** is treated separately, with a provision allowing rebuilding to similar character without increasing any non-conformity. Whether it applies to your circumstances is a determination for the Zoning Administrator.

**A variance is a high bar.** The Board of Zoning Appeals may only grant one where it appears **beyond a reasonable doubt** that exceptional or extraordinary circumstances exist that do not apply generally to other properties in the district. That is a demanding standard, and a variance is not something to count on.

**Before any work on an older building, ask the Township Zoning Administrator** whether it is non-conforming and what you may do with it. Ask before you design, not after.

*Source: Zoning Ordinance No. 8, Sections 5.01, 5.02 and 15.06; Accessory Building Regulations (6/8/2025), item 16.*