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 to the provisions
of this chapter.
B.
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.
C.
Total lifetime structural repairs or alterations shall
not exceed 50% 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.
D.
Addition of new equipment or additions to present
equipment may be permitted by the Village Board if such equipment
does not increase the incompatibility of the nonconforming use with
the neighboring uses.
E.
No modifications or additions to a nonconforming use
shall be permitted unless they are made in conformity with the provisions
of this section. For the purpose of this section the words "modification"
and "addition" shall include, but not be limited to, any alteration,
addition, modification, rebuilding or replacement of any such existing
structure or accessory use. Ordinary maintenance repairs are not considered
structural repairs, modifications, or additions. Such ordinary maintenance
repairs include internal and external painting, decorating, paneling,
and the replacement of doors, windows and other structural components.
A.
If a 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 of a structure is damaged by fire, explosion, flood, the public
enemy, or other calamity to the extent of more than 50% of its current
assessed value, it shall not be restored except so as to comply with
the use provisions of this chapter.
B.
A current file of all nonconforming uses shall be
maintained by the Building Inspector listing the following: owner's
name and address, use of the structure or land, and assessed value
at the time of its becoming a nonconforming use.
A 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 to 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 chapter.
Once a nonconforming use or structure has been
changed to conform it shall not revert back to a nonconforming use
or structure. Once the Village Board or the Board of 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 Village Board or the Board of Appeals.
In any residential district, a one-family detached
dwelling and its accessory structures may be erected on any legal
lot or parcel, provided that such lot or parcel was of record in the
County Register of Deeds office before the effective date or amendment
of this chapter. Such lot or parcel shall be in separate ownership
from abutting lands. If abutting lands and the substandard lot are
owned by the same owner, the substandard lot shall not be sold or
used without full compliance with the provisions of this chapter.
If abutting lands and the substandard lot are in separate ownership,
all the district requirements shall be complied with insofar as practical
but shall not be less than the following:
It is hereby provided that all existing residential
uses in the Village of Black Earth are to be considered permitted
uses and any residential uses authorized hereafter as a conditional
use hereunder are to be considered permitted uses and are not to be
considered nonconforming uses and are therefore not subject to any
of the requirements and provisions of this article.
