A. Authority To Continue: Any nonconforming structure which is devoted to a use which is permitted in the zoning district in which it is located may be occupied, so long as it remains otherwise lawful. (Ord. 2009-3, 5-12-2009)
B. Enlargement, Repair, Alterations:
1. Any nonconforming structure may be enlarged, maintained, repaired or remodeled; provided, however, no such enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure, except as provided in subsection B2 of this section; provided further, existing manufactured home parks not meeting the requirements of this title shall be declared nonconforming and shall not be permitted to add spaces or make any improvements inconsistent with the terms and conditions of this title. Ordinary repairs and alterations shall be determined by the zoning administrator and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires such replacement.
2. An addition to a lawfully existing nonconforming building or structure that would not meet the strict letter of this title but would not extend farther than the original building or structure into any required setback(s) of the zoning lot that the original building or structure is located may be permitted. Before issuing a permit for an addition to be constructed under this subsection, a notice of the intent to issue such a permit shall be sent by certified mail (to be paid for by the applicant) to all adjoining landowners and any affected highway authority. If any adjoining landowner or affected highway authority files a written objection with the zoning administrator within fifteen (15) days of receipt of such notice, a permit shall not be issued. The applicant may, however, proceed with an application for a variation as set forth in chapter 2, article C of this title. (Ord. 2012-3, 2-14-2012)
C. Damage Or Destruction: In the event that a nonconforming building or structure is damaged or destroyed by any means, such building or structure may be restored or reconstructed, providing such restoration is on the existing footing of such buildings or structures. If such restoration or reconstruction is not on the existing footing, then such building shall not be restored unless it shall thereafter conform to the regulations for the district in which it is located. No repairs or restoration shall be made unless a building permit is obtained, and restoration is actually begun within one year after the date of damage or destruction and is diligently pursued to completion.
D. Moving: No nonconforming structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
E. Conforming Uses:
1. A conforming use located in a nonconforming structure may be expanded within the nonconforming structure in which said use is presently located, but no changes or structural alterations shall be made unless such changes or structural alterations conform to all the regulations of the district in which the nonconforming structure is located.
2. A nonconforming use of a nonconforming structure may be changed to a conforming use in the district in which the nonconforming structure is located. (Ord. 2009-3, 5-12-2009)
F. Manufactured/Mobile Home: When a manufactured/mobile home, legally existed on a parcel of land zoned RP planned residential as of April 10, 2006, and remains as of the date of this amendment, it may be replaced with a manufactured home that is no more than fifteen (15) years old. Said manufactured home must comply with all waste disposal requirements and conform to the setback requirements set forth in section 8-3H-7 of this title, and with all other applicable regulations as adopted by the county of Jo Daviess. When a manufactured/mobile home is moved off of the lot, a building permit shall be obtained and it shall be replaced within twenty four (24) months. If it is not replaced within the above stated time, any structure thereafter shall conform to the RP district regulations.
1. Manufactured/mobile homes that were in place as of April 10, 2006, but had been moved off the premises prior to April 11, 2011, may be replaced within twenty four (24) months of the adoption of this subsection F. Said manufactured home must comply with all waste disposal requirements and conform to the setback requirements set forth in section 8-3H-7 of this title, and with all other applicable regulations as adopted by the county of Jo Daviess. If not replaced within the twenty four (24) months' time, any structure thereafter shall conform to the RP district regulations. (Ord. 2011-3, 4-11-2011)