You can live in commercial buildings, with some conditions

Gilman Village Board

Can you live on Main Street in a commercial building or can you not? That was the question that needed to be answered April 12, at a Gilman Village Board meeting, along with a Planning Committee meeting at the same time. There are three residences in question (Vonda Kinas, 165 East Main Street; Bill Standish, 250 East Main Street; Jason Wry, 275 East Main Street), that are no longer operating as businesses, but have individuals living in the commercially zoned properties.

“According to the zoning code, the only way you can have a single-family home, is by Conditional Use,” said Jim Flood, village zoning administrator. “That has to be voted on by the Planning Committee.”

The buildings can have an attached living quarters in the central business district, but must be occupied by the owner of the establishment.

“You can’t just have a shop and live in it,” said Flood. “You have to have living quarters.”

That brought up the question, that if there was a business there, but the owner retired and closed the business, would they have to vacate the place or would a Conditional Use Permit be required. Members agreed they didn’t want to turn anyone out of their home.

“We all have to stay up to a certain code, so even if they don’t have a business, maybe they should have to keep it up to code, commercially,” said Dee Bornheimer, Planning Committee member/village board member/ business owner.

Flood pointed out that if he were to sell his house, the new buyer is under no requirement to bring it up to code. Bornheimer says she realizes that, but since the three properties are commercially zoned, they could potentially be made into operating businesses again one day, and would fall under different requirements.

That brought about the question of if Kinas was exempt from needing a Conditional Use Permit, as her business may have been in operation before the zoning codes were put in place. However, Flood was not sure Standish’s building is meeting the requirements, questioning if the living space is separate from what was the business portion of the building.

“I got it fixed up enough to live in it, nothing fancy,” said Standish. “The store part has always been separate.”

Therefore, the committee and later, the village board, approved the Conditional Use Permit for the three properties, which will be inspected by the building inspector, who will keep in contact with the board. If the building codes are not met, the permits can be revoked.

“The Conditional Use permit only stays with the person who applies for it,” said Flood. “It doesn’t go with the property, it goes with the owner.”

That news was a relief to the committee, as they were concerned that only renters would be the next ones to purchase the commercial properties.

“I don’t think we want to open up Main Street to residential,” said committee member Lynn Rosemeyer.

The board also approved the campground ordinance that came out of the Parks Committee, such as camping is prohibited, except in designated areas; and that only one family or individual group may occupy a single campsite.

“Otherwise, it can’t be enforced,” said trustee Russell Baker.

They also accepted a donation of an electronic scoreboard for the village park, from an anonymous donor in memory of a family member.

“They are ready to put that in as soon as the village is ready to accept it,” said Bornheimer.

The sign can be run from a cell phone or ipad, and installation of the structure is also paid for.

“The village only has maintenance and electric after,” said Bornheimer.

Bob Preston, newly elected village trustee, was sworn in at the close of the meeting and will now take on the duties of the office.