(a)

The purpose of this article is to provide for the regulation of nonconforming buildings, structures, and uses, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses may be continued.

(b)

This chapter establishes separate zoning districts, each of which is an appropriate area for the location of the uses which are permitted in that district. Each district contains requirements to insure the attainment of the intent and purpose of this chapter. It is necessary and consistent with the establishment of those districts that those buildings, structures and uses which do not conform with the requirements of the district they are located in not be continued without the restrictions contained in this article.

(Ord. No. 850, § 9.1, 5-24-82)

(a)

Any lawfully established use of a building, structure or land on May 28, 1982 or on the effective date of an amendment to this chapter, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

(b)

Any building or structure lawfully established on May 28, 1982 may continue in use provided there is no physical change other than that allowed in this article.

(c)

Any building for which a building permit has been lawfully granted prior to May 28, 1982 or the effective date of an amendment hereto, may be completed in accordance with the approved plans, provided construction is started within one year of the date of issuance of the building permit and further provided that all requirements of this chapter that can in the estimation of the zoning administrator be complied with are adhered to.

(d)

Any business for which a business license had been granted prior to May 28, 1982 may establish that business at the location specified provided that the business begins operation within one year of the date of issuance of the business license and further provided that all requirements of this chapter that can in the estimation of the zoning administrator be complied with are adhered to.

(e)

Any proposed subdivision that possesses a valid preliminary plat or subdivision under the provisions of chapter 23 of this Code on May 28, 1982 whose lots do not meet the required lot area or lot width requirements of the district such lots are located in may use such lots for purpose designated by the preliminary plat provided all other provisions of this chapter are adhered to and further provided that if the period of validity of such preliminary plat expires without the developer obtaining final plat approval any subsequent action to develop such land shall be in full compliance with the provisions of this chapter.

(Ord. No. 850, § 9.2, 5-24-82)

(a)

Whenever any part of a building structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use.

(b)

Whenever a nonconforming use of a building or structure or part thereof, has been discontinued for a period of 180 days, or whenever there is evidence a clear intent on the part of the owner to abandon a nonconforming use, such use shall not be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district such land is located in.

(c)

Where no enclosed building is involved, discontinuance of a nonconforming use for a period of 180 days shall constitute abandonment and shall not thereafter be used in a nonconforming manner.

(Ord. No. 850, § 9.3, 5-24-82)

(a)

Lots of record existing on May 28, 1982 that do not meet the requirements of this chapter shall be used only as hereafter provided.

(b)

Wherever one or more lots of record or parts thereof which are contiguous and under common ownership, exist that individually do not meet the requirements of this chapter, but a combination thereof would meet the requirements of this chapter, such combination shall be considered a single zoning lot.

(c)

Any vacant lot of record having frontage on a dedicated street (not a dedicated right-of-way) on May 28, 1982 may be used for a use permitted within the district such lot is located in provided one of the following criteria have been met:

(1)

The lot conformed with the minimum lot area and minimum lot width requirements of the previous ordinance.

(2)

A variation of the minimum lot area and lot width requirements of the district such lot is located in has been granted in accordance with the provisions of division 4 of article II of this chapter.

(d)

With the exception of the previous allowances for minimum lot area and minimum lot width all other provisions of this chapter shall be met.

(e)

Any resubdivision of nonconforming lots of record shall be in full compliance with all provisions of this chapter.

(Ord. No. 850, § 9.4, 5-24-82)

(a)

Normal maintenance of a building or other structure containing a non-conformed use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.

(b)

No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

(1)

The alteration is required by law;

(2)

When the alteration will actually result in eliminating the nonconforming building or structure;

(3)

When the alteration, in the estimation of the building inspector will reduce the degree of nonconformance;

(4)

When the alteration would result in improved livability of a dwelling unit or units, provided no structural alteration would increase the number of dwelling units;

(5)

When the building inspector determines a structural alteration is necessary to protect the health and safety of inhabitants or users of the structures;

(6)

When a nonconforming building or structure contains a use or uses permitted in the district where such uses are located, provided such structural alterations will not increase the degree of nonconformance.

(Ord. No. 850, § 9.5, 5-24-82)

(a)

If a nonconforming building or structure is damaged or destroyed by any means to the extent of 50 percent or more of its replacement value at that time, the building or structure shall only be allowed to be reconstructed in any manner that does not fully comply with the provisions of this chapter under the following circumstances:

(1)

Single-family, two-family and multifamily residences located in a residential district, that do not meet the lot size requirements may be rebuilt provided all other requirements are met.

(2)

A variation has been granted based on evidence that full compliance is not possible due to a unique hardship. The variation will specify what requirements are to be waived and to what degree. All other requirements of this chapter shall be met.

(b)

If damage and destruction does not amount to 50 percent of the replacement costs the nonconforming building or structure may be restored to its original condition.

(c)

In any event, restoration or repair must begin within two years of the date of the damage or destruction and diligently prosecuted to completion. If this is not done any future use of such land shall be in full compliance with the provisions of this chapter.

(Ord. No. 850, § 9.6, 5-24-82)

(a)

No nonconforming building or structure or conforming building containing a nonconforming use shall be expanded or enlarged except under the following circumstances:

(1)

The building or structure is nonconforming due to lack of lot size or lot width. Expansion may occur provided all other provisions of this chapter have been met.

(2)

A conforming building containing a nonconforming use may be expanded provided the nonconforming use is discontinued.

(3)

A conforming building or structure that houses more than one use may be expanded provided such expansion is to be utilized entirely by a conforming use.

(4)

The addition or enlargement would not increase the degree of nonconformance.

(b)

Expansion may occur if a variation has been granted based on evidence presented to the board of trustees that a unique hardship exists. The variation will specify the conditions under which expansion may occur.

(Ord. No. 850, § 9.7, 5-24-82)

(a)

All signs shall be in full compliance with the provisions of this chapter within a five-year period; otherwise they shall be removed.

(b)

All mobile homes and mobile structures shall be removed or relocated in manner to bring full compliance with the yard requirements of the district they are located in within a period of five years; otherwise they shall be removed.

(c)

The period specified for removal shall begin on May 28, 1982, or upon the effective date of any amendment hereto that creates the nonconformity.

(Ord. No. 850, § 9.8, 5-24-82; Ord. No. 85-10, 8-26-85)

(a)

Any nonconforming building, structure or use may be converted to a permitted special use by the granting of a special use permit under the provisions of division 6 of article II of this chapter.

(b)

This conversion may only occur when it is shown that the nonconforming building, structure or use is providing a particular service to the residents of the village and that such building structure or use is not detrimental to the village, or adjacent properties.

(Ord. No. 850, § 9.10, 5-24-82)

Any zoning lot which is nonconforming due to lot size or width, or any other yard requirement, which has a usable building located thereon, may be rezoned to a different zoning classification so as to allow a reasonable use of the existing improvement, provided that such rezoning is done in accordance with the requirements of this chapter and such rezoning is in conformance with adopted village plans.

(Ord. No. 89-31, § 1, 12-11-89)