This ordinance establishes separate districts, each of which is an appropriate area for the location of specified types of buildings, structures, and uses. It is necessary and consistent with the establishment of these districts that all lawfully nonconforming buildings, structures, and uses be permitted to continue only under specific controls. It is, further, necessary and consistent with the establishment of these districts that certain nonconforming uses be eliminated in accordance with applicable statutes. It is hereby declared that the existence of nonconforming uses is contrary to the best interests of the village and further, it is hereby declared to be the policy of the village council as expressed in this ordinance to discontinue nonconforming uses in the course of time as circumstances permit, having full regard for the rights of all parties concerned. Therefore, it is the purpose of the following sections to provide for the regulation of nonconforming buildings, structures, uses and signs.

(Ord. No. 346, § 2201, 6-19-2000)

Any lawful nonconforming use of land, building or structures, may be continued, subject to the following provisions.

1.

Expansion. A nonconforming use shall not be in any way increased in intensity, expanded or extended either on the same or adjoining property, or into any other portion of a building.

2.

Discontinuance. If a nonconforming use is discontinued, it shall not thereafter be reestablished, and any subsequent use of the land, building, or structure shall conform to the regulations of the district in which the land is located. A nonconforming use shall be considered discontinued if customary operations of that use are not pursued for a period of six consecutive months or more. Thereafter, such use shall not be re-established, and any future use shall be in conformity with the provisions of the district within which it is located.

3.

Criteria for discontinuance. A nonconforming use shall be determined to be discontinued if one or more of the following conditions exists, and which shall be deemed to constitute the intent on the part of the property owner to discontinue the nonconforming use:

a.

Utilities, such as water, gas and electricity to the property, have been disconnected;

b.

The property, buildings, and grounds have fallen into disrepair;

c.

Signs or other indications of the existence of the nonconforming use have been removed;

d.

Equipment or fixtures necessary for the operation of the nonconforming use have been removed; or

e.

Other actions which, in the opinion of the zoning administrator, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.

4.

Change of use. The nonconforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located. If a nonconforming use is changed to a use permitted in the district in which it is located, it shall not revert or be changed back to a nonconforming use.

(Ord. No. 346, § 2202, 6-19-2000)

Any existing building which does not conform to the regulations of the district in which it is located may be continued subject to the provisions of this ordinance.

1.

Repair of nonconforming buildings. Nothing in this ordinance shall prohibit the repair, improvement, or modernizing of a lawful nonconforming building to correct deterioration, obsolescence, depreciation, and wear.

2.

Structural changes. In a district where residences are not permitted, an existing single-family or two-family use building may have permitted additions and structural alterations providing:

a.

That such structural changes are made only if in conformity with all the regulations of height, area, yard, useable open space, and off-street parking, as required in the district.

b.

That no additional family units may be provided, and that there is no intensification of occupancy as would constitute a rooming or boarding house.

c.

That floor area added shall not exceed 50 percent of the total floor area in the existing dwelling.

d.

That such addition may not be made if a portion of the existing dwelling has been converted to commercial or industrial use subsequent to the prospective zoning.

3.

Restoration of damaged structures. A nonconforming building which is partially destroyed, in any manner or from any cause whatsoever, may be restored provided the cost of such restoration does not exceed its true cash value as determined by the most recent village tax roll. No repairs or restoration shall be permitted, however, unless started within one year from the date of the partial destruction and is diligently carried on to completion. If the cost of restoration exceeds the true cash value of the original structure, as determined by the most recent village tax roll, such structure when restored shall comply with all provisions of the district in which it is located, except that, if it is located on a lot with a smaller lot area or a lesser width of lot than is prescribed for the district in which it is located, it need not comply with the provisions of that district for minimum lot area or minimum width of lot but shall maintain as a minimum the lot area and lot width existing previous to the damage to the building or structure.

(Ord. No. 346, § 2203, 6-19-2000)

Nothing in this chapter shall prohibit the completion of construction and use of a nonconforming building for which a building permit was issued prior to the effective date of this ordinance provided that construction is commenced within 90 days after the date of issuance of the permit; the construction is carried on diligently and without interruption for a continuous period in excess of 30 days; and that the entire building shall have been completed according to the plans filed with the permit application within two years after the issuance of the building permit.

(Ord. No. 346, § 2204, 6-19-2000)

The purpose of this section is to permit the utilization of recorded lots, which lack required lot size and open space as long as reasonable standards can be provided.

1.

In any zone or district in which single-family, two-family, or multiple-family dwellings are permitted, such dwellings, and customary accessory buildings, as permitted in the zone(s), may be erected or enlarged on any single lot that was a lot at the date of this ordinance.

2.

This provision shall apply even though the lot of record fails to meet the requirements for minimum frontage or minimum area, or both, that are generally applicable in the zone or district. Notwithstanding the above provisions, the zoning administrator may issue a land use permit in those instances where a nonconforming lot or combination of lots of record meets 80 percent of the minimum frontage, setback, or area requirements of this ordinance upon a determination that said 80 percent is in conformance with the general standard of the neighborhood.

3.

The lot must also meet all public health and sanitary requirements for the proper installation of sanitary facilities, such as but not limited to a septic system, for the proper disposal of human and household waste prior to permitting construction on the lot of record.

4.

If two or more lots of record or combination of lots and portions of lots of record, in existence at the time of the passage of this ordinance, or an amendment thereto, with continuous frontage and under single ownership do not meet the requirements established for lot width or lot area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portions of such parcel shall be used or divided in a manner which diminishes compliance with lot width and area requirements established by this ordinance. If such lot is used, it shall lose its nonconforming status.

(Ord. No. 346, § 2205, 6-19-2000)

Nonconforming signs shall be regulated in accordance with the provisions of section 2111 of this ordinance.

(Ord. No. 346, § 2206, 6-19-2000)

In accordance with applicable state and local permissive legislation, the legislative body, through its agents may acquire properties on which nonconforming buildings or uses are located by condemnation or other means, and may remove such uses or structures. The resultant property may be leased or sold for a conforming use or may be used by the village for a public use. The net cost of such acquisition may be assessed against a benefit district, or may be paid from other sources of revenue.

(Ord. No. 346, § 2207, 6-19-2000)

Upon a written petition of the owners of a parcel of property, the zoning board of appeals may authorize a change from one nonconforming use to another nonconforming use provided the proposed use would be more suitable to the zoning district in which it is located than the nonconforming use which is being replaced. The zoning board of appeals may place such limitations on such approval as it deems appropriate and as authorized in section 508 of this ordinance.

(Ord. No. 346, § 2208, 6-19-2000)

Where a lawful structure exists at the effective date of adoption of this ordinance that could not be built under the terms of this ordinance by reason of restriction on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, it may be continued so long as it remains otherwise lawful, subject to the following provisions.

1.

No non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be enlarged or altered if the alteration conforms to the requirements of the zoning district or if the alteration will decrease its non-conformity.

2.

Should a non-conforming structure be moved for any reason whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

3.

In approving the expansion or enlargement of a non-conforming structure, the Zoning Administrator may place reasonable conditions (such as landscaping, fencing, etc.) to help mitigate the possible impacts of the area(s) of nonconformity from the adjacent property.

(Ord. No. 353, § 11, eff. 5-5-2002)