The purpose of this section is to provide for the regulation of nonconforming uses, buildings and structures, and to specify those circumstances and conditions under which those nonconforming buildings, structures and uses shall be gradually eliminated upon reaching the end of their respective normal useful life, in accordance with the authority granted by state law.

(Code 1998, § 17.16.010; Ord. No. 2015-3, § 5, 3-12-2015)

Any nonconforming building, structure or use which existed lawfully at the time of the adoption of the ordinance from which this chapter is derived and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of said ordinance, or of any subsequent amendment thereto, may be continued, some indefinitely, others for specified and respective periods of time, subject to the regulations which follow in this chapter.

(Code 1998, § 17.16.020; Ord. No. 2015-3, § 5, 3-12-2015)

No building, structure or use lawfully established on the effective date of the ordinance from which this chapter is derived shall be subject to the amortization provisions of this section solely by reason of being nonconforming with respect to the standards prescribed in this article for any of the following:

(1)

Floor area ratio;

(2)

Yards, front yard, side yard, rear yard or transitional;

(3)

Lot area per dwelling unit;

(4)

Lot width;

(5)

Ground floor area per dwelling;

(6)

Gross floor area;

(7)

Building height;

(8)

Off-street parking;

(9)

Performance standards.

No dwelling lawfully existing on the effective date of the ordinance from which this chapter is derived shall be subject to the amortization provisions of this section.

(Code 1998, § 17.16.030; Ord. No. 2015-3, § 5, 3-12-2015)

Any lawfully existing building or structure which does not conform with the regulations of the district in which it is located shall be subject to the provisions of this section.

(1)

Repairs and alterations. Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structure alterations shall be made in or to such building or structure all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this section, ordinary repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement

(2)

Additions and enlargements. A nonconforming building or structure which is nonconforming as to bulk, or all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be added to or enlarged in any manner unless such nonconforming building or structure and use thereof, including all additions and enlargements hereto, is made to conform to all the regulation of the district in which it is located.

(3)

Moving. No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in whole or in part to any other location, unless every portion of such building or structure is moved and elevation of the ground under it is restored to natural grade of the lot; and the use thereof is made to conform to all regulations of the district into which such building or structure is moved.

(4)

Restoration of damaged nonconforming building. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed 50 percent of the cost of restoration to the entire building or structure new, shall not be restored unless said building or structure and the use thereof shall conform to all regulations of the district in which it is located. in the event that such damage or destruction is less than 50 percent of the cost of restoration of the entire building or structure new, no repairs or reconstruction shall be made unless such restoration is started within six months from the date of the partial destruction and is diligently prosecuted to completion.

(5)

Discontinuance of use of nonconforming building or structure. A building, structure, or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is vacant on the effective date of the ordinance from which this chapter is derived or thereafter becomes vacant and remains unoccupied, or has not been used for a continuous period of 180 days, shall not thereafter be occupied or used, except by a use which conforms to the use regulations of the district in which it is located.

(6)

Expansion of use in nonconforming building or structure. The nonconforming use of a part of a building or structure may be expanded within the building or structure in which said use is presently located, but no changes or structural alterations shall be made, unless such changes or structural alterations and the use thereof conform to all the regulations of the district in which the building or structure is located.

(7)

Change of use in nonconforming building or structure. The nonconforming use of a building or structure may be changed to a use permitted in the district in which the building or structure is located, or to a use permitted in a more restrictive district; but no change shall extend or otherwise modify any provision made in this ordinance for elimination of such nonconforming building or structure and the use thereof.

(8)

Elimination of nonconforming buildings and structures. In an R-1 district any principal building or structure, all or substantially all of which is designed or intended for a nonconforming use, shall be removed or it shall be altered, remodeled or converted to a building or structure designed for a use permitted in the district in which it is located within six months after the termination of the respective periods of time set forth hereafter which are fixed as the normal useful life of said buildings and structures.

a.

Assessed valuation more than $5,000.00. Assessed valuation more than $5,000.00 on the effective date of the ordinance from which this chapter is derived. In accordance with the types of construction classifications set forth in the building code of the village:

1.

Fireproof construction and noncombustible construction. Twenty-five years from effective date of said ordinance.

2.

Exterior masonry wall construction. Twenty years from effective date of said ordinance.

3.

Frame construction. Ten years from effective date of said ordinance;

b.

Assessed valuation at least $2,000.00, not more than $5,000.00. Assessed valuation at least $2,000.00, but not more than $5,000.00. Two years from May 15. 1984, or the date of the property's annexation into the village, whichever is later;

c.

Assessed valuation under $2,000.00. Assessed valuation under $2,000.00 and any unassessed structures. Six months from May 15, 1984, or the date of the property's annexation into the village, whichever is later.

(9)

Unattached private garages, playhouses and sheds. Unattached private garages, playhouses and sheds, as hereinbefore defined, and constructed after May 14, 1984, shall be exempt from being designated as a nonconforming use and shall not be subject to the amortization provisions of this chapter, as amended, provided said unattached private garages, playhouses and sheds meet and maintain all criteria as specified in this chapter as well as the village building and property maintenance regulations.

(Code 1998, § 17.16.040; Ord. No. 2015-3, § 5, 3-12-2015)

(a)

The village, at any time and from time to time, by ordinance duly enacted and in accordance with the authority vested in it by state law:

(1)

May acquire by purchase, condemnation or otherwise any buildings or structures which do not conform to the standards fixed by the corporate authorities of the village pursuant to state law and all land which is necessary or appropriate for the rehabilitation or redevelopment of any area blighted by substandard buildings or structures;

(2)

May remove or demolish all such substandard buildings and structures so acquired;

(3)

May hold and use any remaining property for public purpose;

(4)

May sell, lease or exchange such property as is not required for public purposes, subject to the provisions of this chapter or any amendment thereto.

(b)

No such acquisition by condemnation shall be made until such time as the commission, at the request of the president and the board, or upon its own initiative, shall have made a study of the area within which such nonconforming building or structure is located, and shall have filed a written report on such study with the president and the board.

(Code 1998, § 17.16.050; Ord. No. 2015-3, § 5, 3-12-2015)

The lawfully existing nonconforming use of part or all of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, may be continued, subject to the following provisions:

(1)

Expansion of nonconforming use. The nonconforming use of a part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

(2)

Discontinuance. If a nonconforming use of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, is discontinued for a period of 90 days, it shall not be renewed; and any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.

(3)

Change of nonconforming use. No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

(4)

Elimination of nonconforming uses. In all residence districts, any use which lawfully exists at the adoption of the ordinance from which this chapter is derived, and which is located in a building, all or substantially all of which is designed or intended for a residential purpose, shall be entirely discontinued, and shall thereafter cease operation within five years from the date of adoption of said ordinance.

(Code 1998, § 17.16.060; Ord. No. 2015-3, § 5, 3-12-2015)

The nonconforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, may be continued subject to the following provisions:

(1)

Expansion. A nonconforming use of land shall not be expanded or extended beyond the area it occupies.

(2)

Discontinuance. If a nonconforming use of land is discontinued for a period of six consecutive months, it shall not thereafter be renewed, and any subsequent use of land shall conform to the regulations of the district in which the land is located.

(3)

Change of use. A 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.

(4)

Elimination of nonconforming use of land. The nonconforming use of land shall be discontinued and cease in accordance with the following:

a.

Where no building or structures are employed in connection with such use, discontinued within one year;

b.

Where the only buildings or structures or other physical improvements employed are accessory or incidental to such use and have an assessed valuation of not more than $2,000.00 on the effective date of the ordinance from which this chapter is derived, discontinued within one year;

c.

Where the improvements, underground or substantially at ground level, which comprise all or substantially all of the improvements employed in a nonconforming use of land, and which have an assessed valuation of more than $2,000.00 on the effective date of said ordinance, discontinued within two years;

d.

Where a nonconforming use of land is accessory to the nonconforming use of a building or structure discontinued on the same date on which the nonconforming use of the buildings or structure is discontinued.

(Code 1998, § 17.16.070; Ord. No. 2015-3, § 5, 3-12-2015)