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Pardeeville Village
City Zoning Code

ARTICLE VII

NONCONFORMING USES, STRUCTURES AND LOTS

Sec. 58-281.- Existing nonconforming uses.

(a)

The lawful nonconforming use of a structure or land existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter. However, only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.

(b)

Total lifetime structural repairs or alterations shall not exceed 50 percent of the village's assessed value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.

(c)

Substitution of new equipment may be permitted by the board of zoning appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(Code 1986, § 10-1-90)

Sec. 58-282. - Abolishment or replacement.

If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure or land shall conform to the provisions of this chapter. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy, or other calamity, to the extent of more than 50 percent of its current assessed value, it shall not be restored except so as to comply with the use provisions of this article.

(Code 1986, § 10-1-91)

Sec. 58-283. - Existing nonconforming structures.

The lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter. However, it shall not be extended, enlarged, reconstructed, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this article, or upon application and approval from the plan commission and building inspector.

(Code 1986, § 10-1-92)

Sec. 58-284. - Changes and substitutions.

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the board of zoning appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the board of zoning appeals.

(Code 1986, § 10-1-93)

Sec. 58-285. - Substandard lots.

In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel, providing such lot or parcel was of record in the county register of deeds office before the effective date or amendment of the ordinance from which this chapter is derived, provided the requirements of section 58-220 are met.

(Code 1986, § 10-1-94)