Any lawful use, structure or lot existing at the date of passage of the ordinance codified in this title or subsequent amendment thereto, and located in a zone in which the use, structure or lot would not be permitted under the terms of this title, is declared to be a legal nonconformance. It is the intent of this title to permit these legal nonconformances to continue until terminated by voluntary act or by catastrophic event, and to encourage their conversion to conformance where possible.

(Zoning ordinance dated 6/3/03 Art. XIV (part))

A.

Definition. A nonconforming recorded lot is a tract of land, designated on a duly recorded subdivision plat, or by a duly recorded deed, or by other lawful means, which has less than the minimum lot area or width or other dimension prescribed for the particular zone in which it is located, and which met the lot area, width or other dimensions for the zone in which it was located at the time of such recording, but was made nonconforming by this title. If a tract of land which is entitled to a building permit under the terms of this title, either as a conforming lot or as a nonconforming recorded lot, is reduced in size by the acquisition of a portion of the tract for public purposes by village, county, state or federal officials, the remainder of the tract shall be a legal nonconforming lot, whether such acquisition was by negotiation or condemnation.

B.

In any zone, notwithstanding limitations imposed by other provisions of this title, a principal building and appropriate accessory building may be erected on any single recorded lot at the effective date of adoption, or amendment of this title. This provision shall apply even though such lot fails to meet the requirements for area of width, or both, that are generally applicable in the zone provided that yard dimensions and other requirements not involving area or width, or both, of the lots shall conform to the regulations for the zone in which such lot is located unless otherwise provided herein.

(Zoning ordinance dated 6/3/03 § 14-1.0)

Any building or structure containing a nonconforming use shall be subject to the following regulations:

A.

Any nonconforming use may be permitted to continue provided there is no physical change, other than necessary maintenance and repairs, to the structure in which that use is contained.

B.

Any nonconforming use of a structure which ceases to exist for a period of twelve months shall not be permitted to be re-established. Future uses of that structure shall be in conformance with all regulations of the district in which it is located.

C.

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 title, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

D.

A nonconforming use which does not completely occupy a building shall not be permitted to expand into other areas of the building.

E.

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and compliance with the provisions of the district in which it is located; provided, however, that the foregoing provision does not apply if the owner of the building or structure at the time of damage or destruction rebuilds a comparable building or structure within twelve months of the destruction or damage. Such replaced building or structure may then contain no other nonconforming use than existed in the previous building, and only to the extent which previously existed.

In the event the damage or destruction is less than fifty percent of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.

F.

Termination and Removal of Nonconforming Uses. The following nonconforming uses of buildings, structures, or land shall be discontinued and completely removed from the premises and shall not be resumed or maintained at the expiration of six months from the effective date of this amendment or from the effective date of any amendment to this title which causes the use to hereinafter become nonconforming.

1.

Any nonconforming use which is conducted primarily on open land and does not utilize any permanent enclosed building or structure, or where the only buildings or structures employed are accessory or incidental to such use;

2.

Any nonconforming building or structure having an assessed valuation not in excess of one thousand five hundred dollars on the effective date of this title;

3.

Any nonconforming sign, billboard or outdoor advertising structure;

4.

Any nonconforming junkyard or automobile wrecking yard.

(Zoning ordinance dated 6/3/03 § 14-2.0)

Nonconforming structures shall be subject to the following regulations:

A.

If a nonconforming structure is destroyed by any means to the extent of fifty percent or more of its replacement value at that time, the structure may be rebuilt or repaired only if the resultant structure is in complete conformance with the regulations of the district in which it is located.

B.

Subject to the limitations established in subsection C of this section, any nonconforming structure may be continued so long as it remains otherwise lawful, subject to the provision that no such structure may be enlarged or altered in a way which increases its nonconformity.

C.

Upon sixty days prior written notice from the zoning administrator, the following nonconforming structures shall be completely removed from the premises upon which they are located and shall not be replaced or returned:

(1)

Any nonconforming building or structure having a current assessed valuation not in excess of one thousand five hundred dollars; or

(2)

Any nonconforming building or structure lacking a permanent masonry foundation which complies with the Building Code of the Village of Metamora; or

(3)

Any semi-trailer which violates the provisions of Section 17.52.040J of the Metamora Municipal Code.

Any notice given under authority of this section shall be served personally or by certified mail, return receipt requested, sent to the person or persons in whose name real taxes for the parcel where the nonconforming structure is located were most recently billed at the address for such person or persons shown on the records maintained by the Woodford County Clerk.

(Ord. No. 2009-13, § 1, 11-3-2009; zoning ordinance dated 6/3/03 § 14-3.0)