Within the districts established herein or amendments that may later be adopted, there exists structures, and uses of land and structures, which were lawful before this title was passed or amended, but which would be prohibited, regulated or restricted under the terms of this title. These structures and uses of land and structures are declared legal nonconformities.

It is the intent of this title to permit these nonconformities until they are removed, but not to encourage their existence. Such uses are declared by this title to be incompatible with permitted uses in the districts involved.

(Ord. 2012-012, 3-13-2012)

A.

Permitted Continuance. Nonconformities may continue to operate at the level of operation on the effective date granted subject to the following: the nonconforming use, building or structure shall not be added to or enlarged; the nonconforming use, building or structure shall not be changed except to a use permitted in the district in which it is located; repairs made in order to keep the building or structure in safe condition do not exceed 50 percent of the fair market value (as identified in the County Assessment Records at the time of repair) and does not increase the bulk of the building or structure.

B.

Exceptions by Special Use. If findings of fact are found to support the continuance or alteration of a nonconforming use, then a special use may be petitioned for the following scenarios.

1.

The square footage of the building housing the nonconforming use may be expanded 30 percent, excluding attic space. Site plans showing current and proposed floor plans shall be submitted with the special use application.

2.

A nonconforming use of a building may be changed to another nonconforming use of the same or more restrictive classification with the approval of a special use permit.

3.

If a structure containing a nonconforming use in a residential district is destroyed by any means exceeding 50 percent of the fair market value (as identified in the County Assessment Records at the time of damage), the Village Board may determine because of its location or unique situation that the structure may be rebuilt with a special use. Site plans and other documents as deemed necessary by the Village shall be submitted with the special use application.

(Ord. 2012-012, 3-13-2012)

A.

Discontinuance. A loss of legal nonconforming status shall occur if the nonconforming use, building or structure is abandoned or discontinued for twelve or more consecutive months or it is destroyed by any means exceeding 50 percent of the fair market value (as identified in the County Assessment Records at the time of damage). All subsequent uses must conform to the regulations of the district.

B.

Exceptions by Special Use. Special use status may be granted to a nonconforming use that has been abandoned or discontinued for twelve or more consecutive months when changed to another nonconforming use of the same or a more restrictive classification with the approval of the special use permit.

(Ord. 2012-012, 3-13-2012)

A.

Newly Created Lots. Upon and after the effective date of this chapter, no lot shall be created which does not meet the minimum zoning district area requirements of each zoning district or the minimum lot area requirements of each zoning district or which does not meet the lot dimension requirements of each zoning district.

B.

Nonconforming Lots. A lot existing as of the effective date of this title that is nonconforming due to lot area or lot width may be built upon provided that it meets the lot area, lot width and yard setback requirements of the Village of Poplar Grove's ordinance adopted on October 4, 1969.

(Ord. 2012-012, 3-13-2012)