The office of the zoning officer is created. The village administrator, or an individual appointed by the village administrator, shall serve as zoning officer. The duties of the zoning officer shall be as follows:

(1)

To meet with interested property owners, developers, citizens, and any other party who contemplates actions which come under the jurisdiction of this chapter, to explain the intent and provisions of this chapter.

(2)

To act as zoning inspector for the plan commission; to ensure provisions of special uses, planned unit developments, and variances are complied with during construction; and to make necessary inspections and reports to the plan commission in relation to such developments.

(3)

To serve as a liaison officer between the chairman of the plan commission, planning advisors, and the village board; and with the consent of the plan commission chairman, to make proper legal advertisements, to set public hearings as required by this chapter to receive all zoning petitions and fees and assist the plan commission in the discharge of other functions delegated to it by the village board of trustees.

(4)

To make interpretations of the provisions of this chapter, and to report to the plan commission any situation wherein there is a doubt or conflict as to the proper interpretation.

(Code 2007, § 150.010; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1978-79-31, 2-6-1978; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1985-86-21, 8-5-1985)

(a)

The plan commission and the zoning board of appeals are created as a single body and shall continue to perform the functions of both the village plan commission and the zoning board until the village corporate authorities deem it necessary to separate these functions by ordinance.

(b)

The commission as created shall consist of seven members appointed by the president of the village board and confirmed by the board of trustees. The term of office of each member shall be five years. The mayor shall designate one member of the commission to act as chairman, and said member shall hold the office as chairman until a successor is appointed.

(c)

The chairman shall recommend to the president the dismissal of any commission member who misses five regular meetings during any 12-month period. With the approval of the board, the mayor shall remove the member and appoint another in such member's place.

(d)

The commission shall meet at the call of the chairman. The commission shall keep minutes of its proceedings, including its findings of fact, all its determinations and decisions, the reasons therefor, and the vote of each member upon every question, which minutes shall be placed on file in the office of the commission no later than 15 days after any meeting, and shall be a matter of public record.

(e)

The plan commission is granted the following responsibilities and duties:

(1)

To hear all petitions requesting zoning action, including, but not limited to, amendments, variations, and special uses, and, in the manner prescribed herein, it shall advise and recommend to the board the commission's findings as to the proper disposition of these petitions.

(2)

To initiate, receive, and review periodically studies or proposals concerning amendments to this chapter, and in this respect, to advise and recommend to the board the commission's findings.

(3)

To hear all appeals and decisions of an officer or department in the interpretation or administration of this chapter, and by its own action render a decision resolving the conflict.

(4)

To classify any use not specifically listed in this chapter as to its appropriate district based on the compatibility of that use with the general purpose and character of zone regulations. This power shall lie solely with the plan commission and will not be subject to review by the board.

(5)

To consider and take final action on all matters relating to nonconforming structures and uses, except those concerning the granting of variances, which accepted matters the commission shall consider and give recommendation to the board for action.

(6)

To initiate studies and issue reports to the board concerning the complementation or conflict between the implementation of this chapter and the officially adopted village plan, and in this respect, to make recommendations to the board as to the appropriate measures to be taken to ensure the effectiveness of this chapter as a tool for the implementation of the village plan.

(7)

To initiate studies and submit reports to the board relating to the effectiveness of this chapter in complementing the subdivision regulations, housing and building codes, and other ordinances of the village affecting physical development.

(8)

To hear and recommend to the board the disposition of all other matters referred to the commission by the board; to arbitrate zone boundary disputes, and to hear any other matter on which present or future statutes may require action of the commission.

(Code 2007, § 150.011; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

The corporate authority is the village board. It shall be the authorized body for making final decisions on all matters referred to it by the plan commission, and, for purposes of this chapter, shall be referred to as the board.

(1)

The board is restrained by this chapter from making a decision on any zoning matter which has not been submitted to the proper public hearings, nor without having received a report of the plan commission.

(2)

The board shall have the right to adopt, reject, or modify the recommendations of the plan commission.

(3)

The board does not have the power to resolve conflicts in boundary disputes or interpretations of this chapter which shall be the exclusive power of the plan commission.

(Code 2007, § 150.012; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

The village clerk is empowered to keep records of all zoning petitions, fees, and reports of the plan commission. The clerk is further responsible for the yearly publication of the updated version of the official zoning map.

(Code 2007, § 150.013; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Legal counsel is an attorney retained by the village who is responsible for giving legal advice to both the board and commission.

(Code 2007, § 150.014; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Planning staff is any qualified land use planner which the board may designate to assist the village and the commission in zoning and related land use matters, and from time to time, to make special zoning studies for the commission.

(Code 2007, § 150.015; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

The secretary of the commission is responsible for taking commission minutes, carrying on correspondence with the board, and referring to the board recommendations of the plan commission.

(Code 2007, § 150.016; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Any person, corporation, firm, or agent thereof, or a public official of the village, wishing to petition for a change in this chapter, or rezoning a land use classification, as established by this chapter, or seeking relief from the provisions of this chapter, or in any other way seeking modification of the zoning regulations shall be required to follow the steps and procedures as contained within this section and sections 119-56 through 119-62.

(Code 2007, § 150.020; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1988)

(a)

This chapter requires that before the board may accept for public hearing or recommendation any zoning petition, the petitioner or the petitioner's agents shall meet with the village zoning officer to discuss the appropriate procedure. The zoning officer may at the officer's discretion request the petitioner to meet with the planning staff. In a case of a rezoning involving a planned development, commercial, or industrial request, or involving a tract of land more than five acres in size, the petitioner may also be required to have a reapplication meeting with the commission.

(b)

Purpose. The purposes of the preapplication meeting are:

(1)

To explain to the petitioner the provisions of this chapter and other applicable village codes and ordinances.

(2)

To determine whether or not any other village actions such as subdivision, vacation, or annexation are necessary for the development of the land.

(3)

To determine exactly what the zoning petition should contain, and what procedure should be followed prior to the setting of the public hearing.

(4)

To discuss the compatibility of a petition with the village's officially adopted comprehensive plan and official maps.

(5)

To determine if the petitioner has made necessary investigating to ensure that petitioner's property can be developed properly upon obtaining the classification the petitioner seeks.

(6)

To acquaint the developer with the technical planning assistance available through the planning staff.

(c)

Information needed for preapplication conference. The petitioner should have a legal description and map of the property showing the surrounding land uses at the time of the petitioner's meeting with the village zoning officer, commission, or planning staff. Other information, such as soil types, topographical maps, and other data related to the site's suitability for its development would be helpful.

(Code 2007, § 150.021; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Upon satisfying the preapplication requirements, the petitioner may then proceed to file a zoning petition with the village. This petition must include the following to be entitled to village consideration:

(1)

A petition, properly filled out on the village form, including the following information:

a.

Name and address of petitioner.

b.

Name and address of owner.

c.

Name and address of any agent representing the petitioner.

d.

A legal description of the property which allows the property to be located on any map without having to check the recorder of deeds office.

e.

A common description of the property.

f.

Existing zoning classification of property.

g.

Zoning classification being sought.

h.

The names and addresses of all abutting landowners.

i.

A statement concerning the proposed use of the property.

j.

In cases of variances, the special hardships that exist which would qualify the petitioner for a variance.

k.

In cases of special uses or planned unit developments, a detailed statement as to the proposed use of the property.

(2)

A scaled map showing the dimensions of the property and the zoning of the surrounding properties.

(3)

Appropriate fees as required by the schedule in section 119-62.

(4)

Upon submission of the above, the officer shall take one copy of the petition, sign it and place the fee amount on the petition. The petitioner shall then take the petition and map to the village clerk or village administrator who shall formally accept the petition for filing and collect the fees as required by the zoning officer.

(Code 2007, § 150.022; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Upon receiving any petition, the village clerk or village administrator shall notify the chairman of the commission of the petition. The chairman shall then set a date for action on the petition. Notice shall be given of the time and place of the hearing by publishing a notice thereof at least once in one or more newspapers published in the municipality, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the municipality.

(Code 2007, § 150.023; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

At the date of the public hearing, the petitioner or a representative shall be prepared to submit the petitioner's case to the commission. The commission shall then take a vote of its membership and shall report the findings to the board by a written notice.

(Code 2007, § 150.024; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

On all matters which require action of the board, the board shall, within 30 days after receiving the recommendation of the commission concerning a zoning petition, take whatever action the board deems appropriate, except that no petition may be tabled for more than 90 days.

(Code 2007, § 150.025; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-90-19, 2-4-1980; Ord. No. 91-92-14)

Appeals to the commission may be taken by any person aggrieved or by any officer or department of the governing body of the village affected by any decision of the administrative officer in person or by agent or attorney.

(1)

Filing of appeals. An appeal must be made within 30 days of the action of the administrative official appealed from. The applicant must file a notice of appeal with the administrative official from whom the appeal is being taken and with the commission. The notice shall be made on the form provided for that purpose. The administrative official from whom the appeal is taken shall be responsible, at the direction of the commission, for providing any applicant with the proper forms and for instructing the parties concerned on the proper manner for completing and filing the forms. All information required thereon shall be completed before an appeal is considered filed. Six copies of the proper appeal form shall be filed with the commission.

(2)

Fees. A fee as specified in section 119-62 shall be deposited with the village treasurer for each petition filed.

(3)

Amendments to appeals. Appeals may be amended 15 days prior to the public hearing thereon.

(4)

Notice to applicant. The applicant shall be notified by letter within five days of the hearing on the application or the applicant's failure to complete the application properly.

(5)

Hearing. The commission shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as notice due to the parties in interest, and decide the same within a reasonable time.

(6)

Correcting maps and records. On all matters receiving final action by the commission or the board, there shall be a letter sent to the petitioner informing said petitioner of the action. One copy of this letter shall be placed in the permanent zoning files of the village. The village administrator or zoning officer shall also periodically update the official village zoning maps.

(7)

Variance. Special use permits and nonconforming uses shall not be shown on the maps, but adequate records shall be kept on these.

(Code 2007, § 150.026; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

(a)

The fees required by the village to process various zoning petitions shall be as established by the village.

(b)

Any person, firm, or corporation, who may hereafter file any petition addressed to the commission praying for a change in zoning regulations or any variance of zoning regulations provided by law on a single tract or parcel of real estate not separated for divided by a street or alley, shall pay to the village treasurer the fee in the amount established by the village at the time of filing the petition, unless said fees are waived by the planning commission, to defray the necessary costs of publication and expenses incident to the hearing of the matter.

(Code 2007, § 150.027)

(a)

The owner of property who files a petition for the annexation of land to the village shall pay an annexation fee in the amount established by the village. Applicable annexation fees shall be paid when the petition for annexation is filed.

(b)

No property shall be annexed to the village, without the person, association, partnership, or corporation first filing a petition for annexation in compliance with the statute of the state, with the zoning officer of the village using forms provided by said zoning officer.

(c)

No petition for annexation as provided for in subsection (b) of this section shall be accepted by the village unless it is accompanied by an annexation fee made payable to the village and evidence of payment to the Decatur Sanitary District covering the current cost of annexing to the Decatur Sanitary District.

(d)

The village and any and all other tax-supported municipalities shall be exempt from the annexation fee provided for in subsection (c) of this section.

(Code 2007, § 150.028; Ord. No. 1979-80-3, 7-16-1979; Ord. No. 1980-81-14, 9-8-1980; Ord. No. 1987-88-8, 1-4-1988; Ord. No. 96-97-36)

The variance procedures are provided to create relief from the strict interpretation of the zone regulations, so that discretion may be used in unusual or unforeseen situations where application would result in unnecessarily harsh regulations, hardship, or restraint to other developments.

(Code 2007, § 150.130; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

A variance shall be granted:

(1)

To provide relief from any zone regulation (other than regulations pertaining to permitted uses and special uses) in cases where, because of the physical surrounding, shape, topography, or natural condition of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

(2)

To provide relief from any zone regulations (other than those pertaining to permitted use or special use) for preserving some natural or historically significant feature which the board deems an asset to the surrounding neighborhood.

(3)

To provide relief from any zone regulation, other than those pertaining to permitted use or special use, to allow the construction of a building on an undersized lot, subject to the terms of the variance.

(4)

To provide the extension, expansion, or repair of an isolated nonconforming use of a building when, after a public hearing, the board finds the use has performed a necessary service to the public in its present location and has not or will not cause any particular harm to surrounding properties, subject to the terms of the variance.

(Code 2007, § 150.131; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

No variation shall be granted except in a specific case, and after a public hearing before the commission, and the commission finds:

(1)

The granting of the variance will not substantially impair the implementation of any approved comprehensive plan, the long-range master land use plan, or disrupt the orderly growth of the village.

(2)

The conditions upon which a petition for a variance is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.

(3)

The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property.

(4)

The proposed variation will not impair an adequate supply of light and air to the adjacent property, substantially increase the congestion of the public streets or increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(Code 2007, § 150.132; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1985-86-21, 8-5-1985)

(a)

Any person desiring that the board determine and vary the application of this chapter shall file a petition requesting such action with the board by depositing the same with the administrative officer, along with such accompanying maps, plats, data, statements, and supplementary information as shall be either necessary or desirable, and a receipt showing payment to the village treasurer of the appropriate filing fee.

(b)

The administrative officer shall immediately upon receipt thereof refer the petition and accompanying material to the commission for hearing and report as set out in this section.

(c)

The petition shall set out with brevity and clarity the particular location for which the variation is requested and specify the facts and circumstances justifying the action requested.

(d)

As soon as may be convenient after the receipt of the petition and accompanying matters from the administrative officer, the commission shall hold a public hearing upon the petition, notice of which shall be given as provided in section 119-58, which notice shall set out:

(1)

The particular location for which the variation is requested, by legal description and street address, and if no street address, then by locating the real estate with reference to any well-known landmark, highway, road, thoroughfare, or intersection;

(2)

Whether or not the petitioner or applicant is acting on the petitioner or applicant's own behalf or in the capacity of agent, alter ego, or representative of a principal, and stating the name and address of the actual and true principal;

(3)

Whether the petitioner or applicant is a corporation, and if a corporation, the correct names and addresses of all officers and directors, and of all stockholders owning any interest in excess of 20 percent of all outstanding stock of the corporation;

(4)

Whether the petitioner or applicant, or their principal if other than the applicant, is a business or entity doing business under an assumed name, and if so, the name and residence of all true and actual owners of the business or entity;

(5)

Whether the petitioner or applicant is a partnership, joint venture, syndicate, or an unincorporated voluntary association, and if so, the names and addresses of all partners, joint ventures, syndicate members, or members of the unincorporated voluntary association;

(6)

A brief statement of what the proposed variation consists of; and

(7)

The time and place of the hearing.

(e)

The costs or charges of the publication notice required by this section shall be paid by the petitioner or applicant.

(f)

Hearings shall be held at such public place as shall be designated by the chairman of the commission and shall be conducted by the chairman or a member of the commission designated by the chairman. Any person may appear thereat in person, by agent or by attorney. All evidence heard shall be under oath and a transcript made thereof. No member of the commission shall vote upon the action of the commission unless the member shall have personally inspected the location in question subsequent to the filing of the petition herein mentioned, and before the vote regarding the same is taken, the fact of such inspection is to be specifically recorded in the minutes of the hearing.

(g)

Within 30 days after the final adjournment of the hearing, the commission shall transmit the petition and accompanying matters along with a complete transcript of the evidence taken at the hearing and its recommendations and findings, to the board, all of which may be accompanied by a statement of the commission setting forth its reasons for the recommendations.

(h)

The board may, by ordinance and without further public hearing, adopt or reject any proposed variation or may refer it back to the commission for further consideration and report, notwithstanding the discussion previously rendered by the commission. No further public hearing before the board regarding a proposed variation shall be permitted except upon motion to permit a hearing passed by the favorable vote of not less than two-thirds of all members of the board, and any variation which has failed to receive approval of the commission shall not be passed by the board except by the favorable vote of not less than two-thirds of all the members of the board. Every ordinance adopted by the board which permits a variation shall set out findings of fact specifying the reason for making the variation.

(Code 2007, § 150.133; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1988-89-21)

(a)

The commission may recommend the imposition of such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the village's comprehensive plan to reduce or minimize the effect of the variation upon other properties in the neighborhood, and to better carry out the general intent of this chapter.

(b)

The commission, however, is limited to granting a variance only to the degree necessary to remove the hardship. The commission shall not grant any use variation, except in cases of nonconforming structures, buildings, and uses of land.

(Code 2007, § 150.134; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

The purpose of this division 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, either through the process of amortization as set forth in section 119-113, or as eliminated upon reaching the end of their respective normal useful life.

(Code 2007, § 150.140; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Any nonconforming building, structure, or use which existed lawfully at the time of the adoption of this chapter, and which remains nonconforming, and any such building, structure, or use which shall become nonconforming upon the adoption of the ordinance from which this chapter is derived, or of any subsequent amendment thereto, may be continued in accordance with the regulations of this division.

(Code 2007, § 150.141; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

(a)

Generally. 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 following provisions:

(1)

Repairs and alterations. Ordinary repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made in or to the 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.

(2)

Additions and enlargements.

a.

A nonconforming 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, shall not be added to or enlarged in any manner unless the nonconforming building or structure and use thereof, including all additions and enlargements thereto, is made to conform to all of the regulations of the district in which it is located.

b.

A nonconforming building or structure, which is nonconforming only as to bulk, shall not be added to or enlarged in any manner unless the additions and enlargements thereto are made to conform to all regulations 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 the building or structure is moved, and the use thereof is made to conform to all regulations of the district into which it is moved.

(b)

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 of the entire building or structure, shall not be restored unless the building or structure and the use thereof shall conform to all the regulations of the district in which it is located. In the event that the damage or destruction is less than 50 percent of the cost of restoration of the entire building or structure, no repairs or reconstruction shall be made unless the restoration is started within one year from the date of the partial destruction and is diligently prosecuted to completion.

(c)

Discontinuance of use of nonconforming building or structure. A building, structure, or portion thereof, all or substantially all of which is designated 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 is not used for a continuous period of one year, 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.

(d)

Nonconforming use or alteration of building or structure. The nonconforming use of a part of a building or structure shall not be expanded within the building or structure in which the use is presently located. No change or structural alterations shall be made unless such changes or alterations and the use thereof cause the structure to conform to all regulations of the district in which the building or structure is located.

(e)

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, but no change shall extend or otherwise modify any provision made in this chapter for the elimination of the nonconforming building or structure, and the use thereof.

(Code 2007, § 150.142; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1991-92-14)

A nonconforming structure must be maintained in such a manner as to meet all minimum housing, health, and fire codes as adopted by the board. Owners of nonconforming uses may be required to repair or demolish such structures any time the structures are found by the building inspector to be in violation of these codes. No variance shall be granted for the continuance or the enlargement of any nonconforming structure or building unless it is maintained in a manner that complies with all state and local minimum housing, health, fire, and safety codes.

(Code 2007, § 150.143; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

A lawfully existing nonconforming use of a 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)

The nonconforming use of a part of the building or structure shall not be expanded or extended into any other portion of the building or structure, changed to any other nonconforming uses.

(2)

If a nonconforming use of the building or structure is discontinued for a period of one year, 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)

No nonconforming use shall be changed to another nonconforming use when the nonconforming use is located in the building or structure.

(4)

In all residence districts, any use which lawfully exists at the adoption of this chapter but is permitted only in a business or manufacturing district, 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 this chapter.

(Code 2007, § 150.144; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

A lawfully existing nonconforming use of land not involving a building or structure, or in connection with any building or structure thereon, is incidental or accessory to the principal use of land, and may be continued, except that the nonconforming use shall not be expanded or extended beyond the area it occupies. 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; and 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.

(Code 2007, § 150.145; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

The board may require the removal or discontinuance of a nonconforming use in any residential district that does not meet the allowable use standards for the zone in which it is contained. The removal of nonconforming uses may be accomplished only in the following two ways:

(1)

Nonconforming signs, temporary structures, open air storage facilities, or parking facilities shall be required to be removed five years from the date from which this chapter was derived, when, after a hearing as provided in section 119-58, the commission finds the uses to be inconsistent or incompatible with surrounding land uses.

(2)

Nonconforming use in a permanent structure, except as described in section 119-111(4), may only be required to be removed when, after a hearing as provided in section 119-58, the commission finds that the nonconforming use is inconsistent or incompatible with surrounding land uses, and the nonconforming use is not necessary to the surrounding residential areas in that location. If the commission recommends the use be discontinued, the board is required to give the owner notice and serve notice to subsequent owners that the use of the land or structure is to be amortized. The amortization period shall relate to the market value of the property. Any structure having a market value less than $5,000.00 shall be given an amortization period of two to five years. Any structure with a market value over $5,000.00 shall be given an amortization period of not less than five years or more than 25 years from the date of the hearing. If the nonconforming structure or use is not removed or discontinued within six months of the end of the amortization period, the owner shall be punished as provided in section 1-8.

(Code 2007, § 150.146; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

Should the commission find that a nonconforming use provides a substantially necessary service without detriment to surrounding property values, then a variance may be allowed as specified in section 119-88.

(Code 2007, § 150.147; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)