(a)

This chapter establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. Within such districts, however, there exists lots, structures, uses of land and structures, and characteristics of uses which were lawful before the ordinance from which this chapter is derived was passed or amended, but which are prohibited, regulated or restricted under the terms of this chapter or future amendments to this chapter. Recognizing both the legitimate interest of those who lawfully established such a nonconformity and the need to protect the public health, safety and general welfare, the provisions of this article are intended to provide for the regulation of nonconformities as follows:

(1)

It is the intent of this article to permit most nonconformities to continue until they are removed, but not to encourage the survival of such nonconformities.

(2)

It is the intent of this article that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district in which such nonconformities exist.

(3)

It is recognized and declared that those nonconformities which substantially and adversely affect the orderly development, maintenance, use and taxable value of other property in the district in which such nonconformities exist (property that is itself subject to the regulations of this chapter) should eventually be eliminated.

(Code 1985, § 8(6.0))

Any nonconforming structure or principal use which lawfully in the village on December 16, 1999, and which remains nonconforming or which shall become nonconforming upon the adoption of the ordinance from which this chapter is derived, or any subsequent amendment to this chapter, may be continued only in accordance with the provisions of this article.

(Code 1985, § 8(6.1))

Nonconforming structure within the village shall not be:

(1)

Structurally altered;

(2)

Added to or enlarged in any manner;

(3)

Moved or relocated, in whole or in part; or

(4)

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 BOCA Code, whichever is most restrictive.

(Code 1985, § 8(6.1-1))

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 December 16, 1999; or

(3)

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

(Code 1985, § 8(6.1-2))

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

(1)

Renewed if abandoned for a continuous period of one year;

(2)

Expanded or extended into any part of a building or structure not occupied by such use on December 16, 1999; or

(3)

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

(Code 1985, § 8(6.1-3))

(a)

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

(b)

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:

(1)

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

(2)

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

(3)

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

(c)

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:

(1)

Structurally altered;

(2)

Added to or enlarged;

(3)

Moved or relocated, in whole or in part;

(4)

Expanded or extended;

(5)

Changed; or

(6)

Restored or reconstructed.

(d)

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 BOCA 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.

(e)

Residential buildings, lawfully existing in commercially zoned areas, which are destroyed or damaged by fire, high winds, or calamity may be repaired or rebuilt, except in areas of floodplain or mass instability danger, with no requirement for mitigation. Repair or reconstruction shall be in substantial conformance with the original structure with no increase in lot coverage, height or volume. The restoration or reconstruction must be initiated within one year of the calamity, and such restoration or reconstruction shall be diligently pursued to completion. Structures for which applications are not filed in a timely manner shall be considered derelict and not as existing structures.

(Code 1985, § 8(6.1-4); Ord. No. 2005-13, § 2, 11-7-2005)

Nonconforming lots of record may be used as permitted in section 86-277, and as follows:

(1)

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:

a.

Permitted uses.

1.

In residential districts. A nonconforming lot of record may be used for a single-family dwelling and accessory use.

2.

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.

b.

Zoning requirements.

1.

All zoning requirements of this chapter, other than those which 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.

2.

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.

3.

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

(2)

Common ownership.

a.

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 chapter 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 chapter, 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 chapter.

b.

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 chapter is derived, shall not be entitled to building permits as provided elsewhere in this chapter.

c.

The use and zoning requirements of such common ownership lots shall be the same as those specified in section 86-558.

(3)

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 (1) of this section.

(Code 1985, § 8(6.2))

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.

(Code 1985, § 8(6.3))

Any nonconforming building, structure or use within the village may be converted to a special use pursuant to the appropriate procedure set forth in article V of this chapter. Such conversion may occur only when it is shown that the nonconforming building, structure or use is providing a service to the area, and it is not substantially detrimental to the surrounding properties.

(Code 1985, § 8(6.4))

A nonconforming use of land on which there is no building or structure shall be made to conform to the provisions of this chapter within a period of two years after December 16, 1999.

(Code 1985, § 8(6.5-1))