- NONCONFORMING USES, STRUCTURES AND LOTS
The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this ordinance may be continued although the use does not conform with the provisions of this ordinance, however:
Only that portion of the land or water 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 ordinance.
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 ordinance.
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.
If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this ordinance. 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 ordinance.
A current file of all nonconforming uses shall be maintained by the zoning inspector listing the following: owner's name and address; use of the structure, land or water; and assessed value at the time of its becoming a nonconforming use.
The lawful nonconforming structure existing at the time of the adoption or amendment of this ordinance 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 ordinance; 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 ordinance.
Once an 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.
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record which was recorded in the office of the county recorder of deeds before the effective date or amendment of this ordinance.
Such lot or parcel must have been in separate ownership from abutting lands on the date of adoption or amendment of this ordinance. If abutting lands and the substandard lot are owned on that date by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this ordinance. If in separate ownership, all the district requirements shall be complied with insofar as practical. The board of zoning appeals shall interpret the requirements to be followed in such cases upon request of the zoning inspector.
- NONCONFORMING USES, STRUCTURES AND LOTS
The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this ordinance may be continued although the use does not conform with the provisions of this ordinance, however:
Only that portion of the land or water 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 ordinance.
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 ordinance.
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.
If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this ordinance. 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 ordinance.
A current file of all nonconforming uses shall be maintained by the zoning inspector listing the following: owner's name and address; use of the structure, land or water; and assessed value at the time of its becoming a nonconforming use.
The lawful nonconforming structure existing at the time of the adoption or amendment of this ordinance 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 ordinance; 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 ordinance.
Once an 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.
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record which was recorded in the office of the county recorder of deeds before the effective date or amendment of this ordinance.
Such lot or parcel must have been in separate ownership from abutting lands on the date of adoption or amendment of this ordinance. If abutting lands and the substandard lot are owned on that date by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this ordinance. If in separate ownership, all the district requirements shall be complied with insofar as practical. The board of zoning appeals shall interpret the requirements to be followed in such cases upon request of the zoning inspector.