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The following regulations qualify or supplement the use regulations appearing elsewhere in this chapter.
(1) Any industrial use or any manufacturing
(2) Drive-through auto washing facilities
(3) Massage parlors
(4) Commercial pool parlors and game rooms
(5) Multiple dwellings except when erected above commercial uses in the “D” or “E” Districts or except when provided as parts of approved community unit plans or approved Planned Development Overlay Districts.
(6) Extraction of gravel, sand, and other raw materials.
(7) Motels, tourist and trailer camps.
(8) Flashing, intermittent, and moving signs.
(9) Any use locating on a panhandle lot except for those lots included in subdivisions recorded prior to January 1, 1983.
(B) Community unit plans.
(1) The owner of any tract of land comprising an area of not less than ten acres may submit to the Council a plan for the use and development of all of the tract of land for residential purposes or for the repair and alteration of any existing housing development on an area comprising ten acres or more. The plan shall conform to the requirements of § 154.63. The plan shall include proposals for rental or ownership of the dwelling units. The development or alteration plan shall be referred to the Village Planning Commission for study and report and for public hearing. If the Commission approves the plans, they shall then be submitted to the Village Council for consideration and approval. The approval and recommendations of the Commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed meets the following conditions:
(a) That property adjacent to the area included in the plan will not be adversely affected.
(b) That the plan is consistent with the intent and purpose of this chapter to promote public health, safety, morals, and general welfare.
(c) That the buildings shall be used only for residential purposes and the usual accessory uses, such as garages, storage space, or community activities, including churches.
(d) That the average lot area per family contained in the site, exclusive of the area occupied by streets, will be not less than the lot area per family required in the district in which the development is located.
(e) That community unit plan subdivisions (private subdivisions) will be required to conform to the minimum infrastructure requirements pertaining to streets, curbs, storm water, sidewalks or other improvements as may be required by the Village Engineer of dedicated residential subdivisions.
(2) If the Village Council approves the plans, building permits, and certificates of occupancy may be issued even though the use of land and the location of the buildings to be erected in the area and the yards and open spaces contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located. Approval of the plan shall include proposals for rental or ownership of dwelling units.
(3) Community unit plans are a discontinued use and no application to create a community unit plan shall be approved by the village after December 31, 2014, provided that this change shall not affect the legal standing of any development or other entity in the village that was created under the rules and procedures for a community unit plan prior to December 31, 2014. Any modification to a community unit plan that was approved prior to December 31, 2014 shall be subject to the provisions of divisions (B)(1) and (B)(2) above.
(C) Condominiums. Conversion of existing residential units to condominiums shall require a modification of an approved community unit plan if originally constructed under such a plan. Institution of any condominium form of ownership shall be a subdivision of land and shall conform with Chapter 153 hereof. The village shall mail notices of the public hearing on such a conversion to residents of the property to be converted at least 30 days prior to the hearing. If it appears at the hearing that the proposed conversion would result in unusual hardship to many of the residents, the conversion may be disapproved or the Village Council may agree with the proponent on a schedule for the conversion or such other measures as would substantially mitigate the hardship.
(D) Nonconforming uses.
(1) The lawful use of land in the "AA-1," "AA-2," "A," and "B" Single-Family Residence Districts and the "C" Two-Family Residence District which does not conform to the use provisions of this chapter shall be discontinued within one year from the effective date of this chapter and provided, further, that the use of land which becomes nonconforming by reason of a subsequent change in this chapter shall also be discontinued within one year from the date of the change.
(2) The lawful use of a building existing at the time of the effective date of this chapter may be continued, although such use does not conform to the use provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(3) Whenever the use of a building becomes nonconforming through a change in the zoning ordinance or district boundaries, such use may be continued and if no structural alterations are made, it may be changed to another nonconforming use of a more restricted classification.
(4) In the event that a nonconforming use of any building or premises is discontinued for a period of two years, the use of the same shall thereafter conform to the use permitted in the district in which it is located.
(5) No existing building or premises devoted to a use not permitted by this chapter in the district in which such building or premises is located, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to a use permitted in the district in which such building or premises is located.
(6) A nonconforming building that is partially destroyed or damaged (exclusive of the foundation) to an extent of less than 50% of its reproduction value at the time of damage, by fire, flood, earthquake, explosion, war, riot, or act of God or act of the public enemy may be restored and the use of the building resumed in accordance with the other provisions of this section; provided that the restoration and resumption shall take place within six months of the time of such damage or destruction.
(7) Nothing in this section shall be interpreted as authorization for or approval of the continuance of the use of a building or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.
(E) Garage sales. Sales of surplus household goods (garage sales) in residential districts are allowed under the following conditions.
(1) A special permit is obtained. (See § 154.67.)
(2) Only previously owned and used articles are sold by a resident family that has occupied the premises for at least six months.
(3) Only two standard signs provided by the village are used to announce the sale. These signs shall be returned to the village upon conclusion of the sale.
(4) The sale is permitted once a year on both Friday and Saturday from 8:00 a.m. to 6:00 p.m.
(Am. Ord. 1984-23, passed 7-2-84; Am. Ord. 1993-42, passed 8-2-93; Am. Ord. 2014-47, passed 12-1-14; Am. Ord. 2014-48, passed 12-1-14) Penalty, see § 154.99