[Comp. Ords. 1995, § 15.081; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Within the districts established by this chapter, or any subsequent
amendments thereto, there exist lots, structures, uses of land and
structures, and characteristics of use which were lawful before the
ordinance from which this chapter is derived was passed or amended
but which would be prohibited, regulated, or restricted under the
terms of this chapter or future amendment. It is the intent of this
chapter to permit these nonconformities to continue until they are
removed but not to encourage their continuation. It is further the
intent of this chapter that nonconformities shall not be enlarged
upon, expanded or extended, nor be used as grounds for adding other
structures or uses prohibited elsewhere in the same district.
(b)
Nonconforming uses as declared by this chapter to be incompatible
with permitted uses in the districts involved. A nonconforming use
of land or a nonconforming use of structure and land in combination
shall not be extended or enlarged after passage of this chapter by
attachment on a building or premises of additional signs intended
to be seen from off the premises, or by the addition of other uses
of a nature which would be prohibited generally in the district involved.
(c)
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction, or designated use
of any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
upon which actual building construction has been carried on diligently.
The term "actual construction" includes the placing of construction
materials in permanent position and fastened in a permanent manner.
Where excavation or demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such excavation
or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
[Comp. Ords. 1995, § 15.082; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
In any district in which single-family dwellings or duplexes are
permitted, a single-family dwelling or duplex and customary accessory
buildings may be erected on any single lot of record at the effective
date of adoption or amendment of the ordinance from which this chapter
is derived, notwithstanding limitations imposed by other provisions
of this chapter, provided erection of such dwellings and buildings
is in accordance with all other applicable Village, county, and state
regulations. Such lot must be in separate ownership and not of continuous
frontage with other lots in the same ownership. This provision shall
apply even though such lot fails to meet the requirements for area
or width, or both, that are generally applicable in the district,
provided that yard dimensions and requirements other than these applying
to the area or width, or both, of the lot shall conform to the regulations
for the district in which such lot is located. Variance of yard requirements
shall be obtained only through the issuance of a variance by the Board
of Appeals in accordance with Section 34-61(2).
(b)
If two or more lots or combinations of lots and portions of lots
with continuous frontage in single ownership are of record at the
time of passage or amendment of this chapter, and if all or part of
the lots do not meet the requirements established for lot width and
area, the lands involved shall be considered to be an undivided parcel
for the purpose of this chapter, and no portion of said parcel shall
be used or sold in a manner which diminishes compliance with lot width
and area requirements established by this chapter, nor shall any division
of any parcel be made which creates a lot with width or area below
the requirements stated in this chapter.
[Comp. Ords. 1995, § 15.083; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Where, at the time of passage of the ordinance from which this chapter
is derived, lawful use of land exists which would not be permitted
by the regulations of this chapter, and where such use involves no
individual structure with a replacement cost exceeding $1,000, the
use may be continued so long as it remains otherwise lawful, provided
that:
(1)
No such nonconforming use shall be enlarged or increased, nor
extended to occupy a greater area of land than was occupied at the
effective date of adoption or amendment of the ordinance from which
this chapter is derived;
(2)
No such nonconforming use shall be moved in whole or in part
to any portion of the lot or parcel other than that occupied by such
use at the effective date of adoption or amendment of the ordinance
from which this chapter is derived;
(3)
If any such nonconforming use of land ceases for any reason
for a period of more than one year, any subsequent use of such land
shall conform to the regulations specified by this chapter for the
district in which such land is located;
(4)
No additional structure not conforming to the requirements of
this chapter shall be erected in connection with such nonconforming
use of land.
[Comp. Ords. 1995, § 15.084; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Where a lawful structure exists at the effective date of adoption
or amendment of the ordinance from which this chapter is derived that
could not be built under the terms of this chapter by reason of restrictions
on area, lot coverage, height, yards, its location on the lot, or
other requirements concerning the structure, such structure may be
continued so long as it remains otherwise lawful, subject to the following
provisions:
(1)
No such nonconforming structure may be enlarged or altered in
a way which increases its nonconformity but any structure or portion
thereof may be altered to decrease its nonconformity;
(2)
Should such nonconforming structure or nonconforming portion
of structure be destroyed by any means to an extent of more than 50%
of its replacement cost at time of destruction, it shall not be reconstructed
except in conformity with the provisions of this chapter;
(3)
Should such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the district
in which it is located after it is moved.
[Comp. Ords. 1995, § 15.085; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
If lawful use involving individual structures with a replacement
cost of $1,000 or more, or of structure and premises in combination,
exists at the effective date of adoption or amendment of the ordinance
from which this chapter is derived that would not be allowed in the
district under the terms of this chapter, the lawful use may be continued
so long as it remains otherwise lawful, subject to the following provisions:
(1)
No existing structure devoted to a use not permitted by this
chapter in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved, or structurally altered
except in changing the use of the structure to a use permitted in
the district in which it is located;
(2)
Any nonconforming use may be extended throughout any parts of
a building which were manifestly arranged or designed for such use
at the time of adoption or amendment of the ordinance from which this
chapter is derived, but no such use shall be extended to occupy any
additional land outside such building;
(3)
If no structural alterations are made, any nonconforming use
of a structure, or structure and premises, may, as a special land
use, be changed to another nonconforming use provided the Village
Council, either by general rule or by making findings in the specific
case, shall find the proposed use is equally appropriate or more appropriate
to the district than the existing nonconforming use. In permitting
such change, the Village Council may require appropriate conditions
and safeguards in accord with the provisions of this chapter;
(4)
Any structure, or structure and land in combination, in or on
which a nonconforming use is superseded by a permitted use, shall
thereafter conform to the regulations for the district, and the nonconforming
use may not hereafter be resumed;
(5)
When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for 12 consecutive months
(except when circumstances beyond the control of the owner impede
access to the premises), the structure, or structure and premises
in combination shall not thereafter be used except in conformity with
the regulations of the district in which it is located;
(6)
Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land. The term "destruction," for
the purpose of this subsection, means damage to an extent of more
than 50% of the replacement cost at the time of destruction.
[Comp. Ords. 1995, § 15.086; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
Except as provided by § 34-280(2) and Subsection (b) of this section, on any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the current replacement cost of the nonconforming structure or nonconforming portion of the structure as the case may be, provided the cubic content existing when it became nonconforming shall not be increased.
(b)
If a nonconforming structure or portion of a structure containing
a nonconforming use becomes physically unsafe or unlawful due to lack
of repairs and maintenance and is declared by any duly authorized
official to be unsafe or unlawful by reason of physical condition,
it shall not thereafter be restored, repaired or rebuilt except in
conformity with the regulations of the district in which it is located.
[Comp. Ords. 1995, § 15.087; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
Any use which is approved by the Village Council after the effective date of the ordinance from which this chapter is derived as a special land use in a district under the terms of this chapter in accordance with Division 4 of Article II shall, without further action, be considered a conforming use. The Village Council may approve as a special land use a use existing prior to the effective date of the ordinance from which this chapter is derived, subject to the limitations and conditions of this chapter as though such existing use were a newly initiated use, in which case the use would thereafter have the status of a conforming use as provided for in this section.
[Comp. Ords. 1995, § 15.088; Ord.
No. 91, 12-5-1977; Ord. No. 95, 5-7-1979]
(a)
In order to establish a record of lawfully existing nonconforming
structures, and nonconforming uses of structures and land, the Zoning
Administrator shall, upon application by the owner, within one year
of the time of passage of the ordinance from which this chapter is
derived, issue a zoning compliance permit for such lawfully existing
nonconformance.
(b)
If such zoning compliance permit is not so obtained, the burden of
proof of the lawful existence of a nonconforming structure or use
shall rest upon the owner.
(c)
Within six months of the time of passage of the ordinance from which this chapter is derived, the Zoning Administrator shall conduct a survey of lawfully existing nonconforming structures and nonconforming uses of structures and land and shall notify the owners of record thereof of the conditions described in Subsections (a) and (b) of this section. It is not, however, the intent of this subsection that nonconforming structures and nonconforming uses of structures and land not included in the survey described in this subsection and notification procedure would assume the status of conforming to the provisions of this chapter by virtue of omission of such notification, it being recognized that for practical reasons certain such nonconforming structures and nonconforming uses of structures and land could be missed in such survey and notification procedure described in this subsection.
