Nonconforming lots of record may be used as follows:

1.

If a lot is built under one building permit and then divided, it can only be divided if each newly created lot, or portion of the original lot, is platted as a lot of record and conforms to the subdivision and zoning regulations of the village.

a.

Separate ownership. A nonconforming lot of record, owned separately and individually from all adjoining tracts of land in the village, shall be subject to the following provisions:

1)

Permitted uses.

i.

In residential districts. A nonconforming lot of record may be used for a single-family dwelling and accessory use if its dimensions are at least 50 feet by 100 feet.

ii.

In nonresidential districts. A nonconforming lot of record may be used for any permitted, accessory, special or temporary use allowed in the district in which it is located if the lot complies with parking requirements.

2)

Zoning requirements.

i.

All zoning requirements of this article, other than those that make the lot of record nonconforming, shall apply. However, in the case of the side yard requirements for developed nonconforming lots of record in any zoning district, having the proscribed width or less, and where side yards are less than required, the total interior side yard required must not be less than 70 percent of what is set forth in that particular single-family zoning district, and shall have a single interior side yard of not less than five feet, whichever is greater.

ii.

Undeveloped nonconforming lots of record in all zoning districts shall provide and maintain all setbacks as required for that particular zoning district. All corner yards must be maintained according to the setbacks required for that particular zoning district.

iii.

Variance from any other requirements of this ordinance shall be obtained only through the procedures as set forth in article 4 of this title.

b.

Common ownership.

1)

Where two or more lots, or combinations of lots, and portions of lots with continuous frontage, in single ownership are of record at the time of passage or amendment of the ordinance from which this article is derived, and where all or part of the lots do not meet the requirements established for lot widths and area set forth in this article, the lands involved shall be considered to be a single zoning lot for the purpose of this section. No portion of such zoning lot shall be used or sold which would diminish compliance with lot width and area requirements established by this article.

2)

Lots, or parts of lots resulting from the division of such nonconforming lots, held in common ownership at the time of or subsequent to the effective date of the ordinance from which this article is derived, shall not be entitled to building permits as provided elsewhere in this article.

3)

The use and zoning requirements of such common ownership lots shall be the same as those specified in section B.2. of this article.

c.

Construction, repair and alteration. Construction of new buildings or repair of existing buildings that are being used for permitted uses but are located on nonconforming lots of record shall be permitted. If any building is damaged or destroyed, it may be rebuilt for its original permitted use to the extent of its original development, or a new building may be constructed for any use to the extent permitted in subsection A.1.a.1) of this article.

1.

Any nonconforming structure or principal use which is occupied lawfully in the village on the effective date of this ordinance, and which remains nonconforming or which shall become nonconforming upon the adoption of the ordinance from which this article is derived, or any subsequent amendment to this article, may be continued only in accordance with the provisions of this article.

2.

Nonconforming structure within the village shall not be:

a.

Structurally altered;

b.

Added to or enlarged in any manner;

c.

Moved or relocated, in whole or in part; or

d.

Restored or reconstructed if damaged or destroyed if the cost of such reconstruction or restoration will exceed 50 percent of the replacement cost of the entire structure at that time, or as defined in the building code, whichever is most restrictive.

3.

No nonconforming use of a building or structure within the village shall be:

a.

Renewed if abandoned for a continuous period of one year;

b.

Expanded or extended into any part of a building or structure not occupied by such use on the effective date of this ordinance; or

c.

Changed, except if such change will make the use conforming.

4.

If any nonconforming building or structure is damaged or destroyed but was intact on the effective date of this ordinance (grandfathered), it may be restored or reconstructed provided it is updated to comply with current building codes (electric, water, etc.) at the time reconstruction occurs. The reconstruction or restoration must be initiated within one year since the destruction/damage occurred.

5.

Structural alterations or repairs of nonconforming buildings required by law within the village shall be permitted.

6.

Structural alterations, additions, enlargements and restorations in excess of 50 percent of the value of such structure at the time of such action may be made to a nonconforming building upon the approval of the village board, provided that:

a.

Such nonconforming building is located in a residential district and is occupied by a permitted or special use;

b.

The proposed alteration, addition, enlargement or reconstruction does not adversely affect the value, use and enjoyment of surrounding property; and

c.

In the case of restoration in excess of 50 percent of the value of the structure, or as defined in the building code, whichever is the most restrictive, the reconstruction shall be upon the original foundation, which must still be usable for such purposes.

7.

Provided that the result is to change the status of a structure or use from nonconforming to conforming, such a structure or use may be:

a.

Structurally altered;

b.

Added to or enlarged;

c.

Moved or relocated, in whole or in part;

d.

Expanded or extended;

e.

Changed; or

f.

Restored or reconstructed.

8.

When the cost of reconstructing or restoring a damaged, nonconforming structure is less than 50 percent of the replacement cost, or as defined in the building code, whichever is most restrictive, of the entire structure, it may be restored or reconstructed if such restoration or reconstruction is initiated within one year of the partial destruction of the structure, and such restoration or reconstruction is diligently pursued to completion.

9.

Whenever a nonconforming use or structure is changed within the village so as to conform to the regulations of the district in which it is located, such structure or premises shall not thereafter be used, occupied or altered so as to become nonconforming.

1.

Any nonconforming structure or principal use which is occupied lawfully in the village at the effective date of this ordinance and which remains nonconforming or which shall become nonconforming upon the adoption of the ordinance from which this title is derived, or any subsequent amendment to this title, may be continued only in accordance with the provisions of this article.

2.

No nonconforming use of land within the village shall be:

1)

Renewed if abandoned for a period of six consecutive months;

2)

Expanded or extended beyond the area such land occupied on the effective date of this ordinance; or

3)

Changed, except if such change will make the use conforming.

3.

Whenever a nonconforming use or structure is changed within the village so as to conform to the regulations of the district in which it is located, such structure or premises shall not thereafter be used, occupied or altered so as to become nonconforming.