(a)

Within the land development districts established by this article or amendments adopted subsequent thereto, there exist nonconformities to uses, characteristics of uses, buildings, structures or lots. It is the intent of this division to provide for the continuation of those nonconformities which were lawful prior to the adoption of the ordinance from which this article is derived, or amendments thereto, but which would be prohibited, regulated or restricted under the terms of this article or any subsequent amendment. It is the intent of this division to allow such nonconformities to continue until they are removed under the terms of this article, but not to encourage their survival. It is further the intent of this division that nonconformities shall not be enlarged upon, expanded, replaced, restored, reconstructed, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the same land development district.

(b)

In order to avoid undue hardship on the citizens and residents of the village, nothing in this division shall be deemed to require any change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of the passage of or amendment to the ordinance from which this division is derived, and upon which actual building construction has been carried on in a diligent manner. For purposes of this section, the term "actual construction" means the construction which has proceeded beyond the pouring of the foundation and slab as inspected by the village. Where excavation, demolition or removal of an existing building has been subsequently begun, preparatory to rebuilding, such excavation, demolition or removal shall also be deemed to be actual construction; provided, however, that work has been and shall be carried on diligently pursuant to a valid building permit. In no event shall the time of such construction, excavation, demolition or removal exceed a period of one year beyond the passage of the ordinance from which this article is derived without the express approval of the village council.

(Code 1994, § 30-426)

Nonconforming uses are declared by this division to be incompatible to and inconsistent with the permitted uses set forth within any particular land development district. Although such uses do not conform to the provisions of this article or the particular land development district within which the use may be located, such uses may continue, subject to the following limitations and restrictions:

(1)

Change of use. A change from a nonconforming use to another nonconforming use which is not a continuation of the original nonconforming use which existed at the effective date of the ordinance from which this division is derived is hereby prohibited.

(2)

Change in volume or intensity of use. A change in the volume or intensity of the use which existed at the effective date of the ordinance from which this division is derived is hereby prohibited.

(3)

Change in location of use. No such nonconforming use shall be moved, in whole or in part, to any other portion of the lot, parcel or site which was occupied by such use on the effective date of the ordinance from which this division is derived.

(4)

Change of ownership or tenancy. All rights and obligations associated with a nonconforming use of land run with the land and are not personal to the present owner or tenant of the nonconforming use and are not affected by a change in ownership or tenancy.

(5)

Accessory uses. Uses accessory to a nonconforming use in existence on the date of adoption of the ordinance from which this division is derived are permitted; provided, however, they remain otherwise lawful. Accessory uses to a nonconforming use not in existence on the date of adoption of the ordinance from which this division is derived are hereby prohibited. Only uses which are accessory to permitted uses in the land development district within which the permitted use is located are allowed under the terms of this article.

(6)

Increase, extension or enlargement of use. A nonconforming use shall not be increased, extended or enlarged to occupy a greater area of land than was occupied on the adoption date of the ordinance from which this division is derived or in any manner which increases its noncompliance with the use regulations of this article, unless such nonconforming use is changed to a use permitted in the land development district within which such use is located and complies with all other regulations of the land development district. An increase, extension or enlargement as specified in this subsection shall be deemed to be an expansion of any impervious ground surface of any building or structure, or any roof or roof-like structure which includes, but is not limited to, a canopy, carport, overhang, awning or similar type structure.

(7)

Repairs and maintenance. Routine repairs and maintenance of buildings and structures which house or contain nonconforming uses necessary to maintain health and safety may be permitted.

(8)

Additions and expansions of facilities. Additions to or expansions of facilities which house a nonconforming use shall not be permitted.

(9)

Replacement, restoration or reconstruction of use. If any existing nonconforming use is damaged by any means, including, but not limited to, fire, flood, wind, explosion, an act of God or an act of a public enemy, to an extent of 50 percent or more of the assessed value at the time of destruction, as determined by the county property appraiser, it shall not be replaced, restored or reconstructed, except in conformity with the provisions of this article. If the damage is to an extent of less than 50 percent, it may be replaced or restored to its size and nature prior to being damaged.

(10)

New services or activities. No new services or activities shall be permitted in an existing nonconforming use as provided for in this section.

(11)

Abandonment or discontinuance of use. The abandonment or discontinuance of a nonconforming use for a period of time which exceeds 90 days shall immediately render the nonconforming use status of the specific nonconforming use null and void. The continuance of the use after the period is specifically prohibited, and any subsequent use shall fully conform to the regulations specified by the division for the land development district in which such use is located.

(Code 1994, § 30-427)

Nonconforming buildings and structures are declared by this division to be those which are existing at the time of the passage of the ordinance from which this article is derived, or amendments thereto, which do not conform to the regulations of area, height, lot coverage or other like requirements of the district in which such building or structure is located. Although such buildings or structures do not conform to the provisions of this article or the particular land development district within which the building or structure may be located, such buildings or structures may continue, subject to the following limitations and restrictions:

(1)

Increase, extension, expansion or enlargement. A nonconforming building or structure shall not be increased, extended, expanded or enlarged to occupy a greater land area than was occupied on the adoption date of the ordinance from which this division is derived or in any manner which increases its noncompliance with the property development regulation of this article, unless such nonconforming building or structure is brought into full compliance with all other property development regulations of the land development district. An increase, extension, expansion or enlargement, as specified in this subsection, shall be deemed to be any expansion of any impervious ground surface of any building or structure, or any roof or roof-like structure, which includes, but is not limited to, a canopy, carport, overhang, awning or similar type structure.

(2)

Replacement, restoration or reconstruction. If any existing nonconforming building or structure is damaged by any means, including, but not limited to, fire, flood, wind, explosion, an act of God or an act of a public enemy, to an extent of 50 percent or more of the assessed value at the time of destruction, as determined by the county property appraiser, it shall not be replaced, restored or reconstructed, except in conformance with the provisions of this article. If the damage is to an extent less than 50 percent, it may be replaced, restored or reconstructed to its size and nature prior to such damage. Any building or structure which remains damaged or disrepaired, regardless of the percentage of construction (or damage) value or area of square footage which is damaged, for a period of 90 days following the date of damage, without the issuance of a valid building permit, shall not be replaced, restored or reconstructed unless it is brought into full compliance with the provisions of this article.

(3)

Repairs and maintenance. Routine repairs and maintenance of nonconforming buildings and structures necessary to maintain health and safety may be permitted.

(4)

Change in location. Should any nonconforming building or structure be moved for any reason for any distance whatsoever from its original permitted location, it shall thereafter conform to the property development regulations for the land development district in which such building or structure is located after it is moved.

(5)

Discontinuance or abandonment. When a conforming use of a structure or building, or structure and premises in combination, is discontinued or abandoned for six months, except when government action impedes access to the premises, the structure or building, or structure and premises in combination, shall not thereafter be used, except in conformance with the regulations of the district in which it is located.

(Code 1994, § 30-428)

(a)

Components of use include, but are not limited to, off-street parking, off-street loading and landscape requirements which are synonymous with the part of the nonconforming classification of such uses, buildings and structures which were legally permitted and existing at the time of passage and adoption of the ordinance from which this division is derived, or amendments thereto. Although such components of use do not conform to the provisions and development regulations of this article, such components of use may continue, subject to the following limitations and restrictions:

(1)

Increase, extension, expansion or enlargement. A nonconforming component of use shall not be increased, extended, expanded or enlarged to occupy a greater land area than was occupied on the adoption date of the ordinance from which this division was derived or in any manner which increases its noncompliance with the property development regulations of this article, unless such nonconforming component of use is brought into full compliance with all other property development regulations of the land development district.

(2)

Replacement, restoration or reconstruction. If any existing nonconforming component of use is damaged by any means, including, but not limited to, fire, flood, wind, explosion, an act of God or an act of a public enemy, to an extent of 50 percent or more of the assessed value at the time of destruction, as determined by the county property appraiser, it shall not be replaced, restored or reconstructed, except in conformance with the provisions of this article. If the damage is to an extent less than 50 percent, it may be replaced, restored or reconstructed to its size and nature prior to such damage.

(3)

Repairs and maintenance. Routine repairs and maintenance of nonconforming components of use necessary to maintain health and safety may be permitted. Such repairs and maintenance shall include such activities as resurfacing of parking lots, driveways, etc., and replacement of damaged or destroyed landscape materials.

(b)

A single-family residence and customary accessory buildings and structures may be erected on a single lot, tract or parcel of land, notwithstanding the limitations imposed by other provisions of this article, if the:

(1)

Erection of such a single-family residence was permissible prior to the adoption of the ordinance from which this article is derived, or amendment thereto, and the single lot, tract or parcel of land was of record or was the subject of an agreement for a deed and other instrument of conveyance of property executed prior to the date of the adoption of the ordinance from which this article is derived, or amendment thereto, and the transaction was recorded in the office of the clerk of the county circuit court; or

(2)

Single lot, tract or parcel of land was shown on a recorded map, plat, drawing or survey prior to the adoption of the ordinance from which this article is derived, or amendment thereto, and the single lot, tract or parcel of land shall meet the minimum property development regulations that are generally applicable to the land in the land development district.

(c)

The subdivision of any land, lot or parcel which creates a lot area or dimension which does not meet the minimum standards set forth by this article is hereby expressly prohibited.

(d)

When a conforming use of a structure or building, or structure and premises in combination, is discontinued or abandoned for six months, except when government action impedes access to the premises, the structure or building, or structure and premises in combination, shall not thereafter be used, except in conformance with the regulations of the district in which it is located.

(Code 1994, §§ 30-428(5), 30-429)

Every application for the extension, alteration, restoration, rehabilitation or other proposed change to a use, building, structure or land made nonconforming by the adoption of the ordinance from which this division is derived shall be made on appropriate forms provided by the village.

(Code 1994, § 30-430)