Black Earth Village
City Zoning Code
City Zoning Code
ARTICLE VI
Nonconforming Uses, Structures and Lots
§ 310-33 Existing nonconforming uses.
A.
The lawful nonconforming use of a structure or land existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter.
B.
Only that portion of the land in actual use may be so continued, and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
C.
Total lifetime structural repairs or alterations shall not exceed 50% of the Village's assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.
D.
Addition of new equipment or additions to present equipment may be permitted by the Village Board if such equipment does not increase the incompatibility of the nonconforming use with the neighboring uses.
E.
No modifications or additions to a nonconforming use shall be permitted unless they are made in conformity with the provisions of this section. For the purpose of this section the words "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, rebuilding or replacement of any such existing structure or accessory use. Ordinary maintenance repairs are not considered structural repairs, modifications, or additions. Such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows and other structural components.
§ 310-34 Abolishment or replacement of nonconforming uses.
A.
If a nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure or land shall conform to the provisions of this chapter. When a nonconforming use of a structure is damaged by fire, explosion, flood, the public enemy, or other calamity to the extent of more than 50% of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter.
B.
A current file of all nonconforming uses shall be maintained by the Building Inspector listing the following: owner's name and address, use of the structure or land, and assessed value at the time of its becoming a nonconforming use.
§ 310-35 Existing nonconforming structures.
A lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform to the lot width, lot area, yard, height, parking and loading and access provisions of this chapter; however, it shall not be extended, enlarged, reconstructed, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
§ 310-36 Changes and substitutions.
Once a nonconforming use or structure has been changed to conform it shall not revert back to a nonconforming use or structure. Once the Village Board or the Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Village Board or the Board of Appeals.
§ 310-37 Substandard lots.
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel, provided that such lot or parcel was of record in the County Register of Deeds office before the effective date or amendment of this chapter. Such lot or parcel shall be in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this chapter. If abutting lands and the substandard lot are in separate ownership, all the district requirements shall be complied with insofar as practical but shall not be less than the following:
§ 310-38 Existing residential uses or future residential uses permitted as a conditional use.
It is hereby provided that all existing residential uses in the Village of Black Earth are to be considered permitted uses and any residential uses authorized hereafter as a conditional use hereunder are to be considered permitted uses and are not to be considered nonconforming uses and are therefore not subject to any of the requirements and provisions of this article.