A certificate of occupancy shall be required for all legal nonconforming uses and buildings, and for any change thereof.
(A) Application. As soon as practicable after the adoption of this chapter, or after the adoption of any other ordinance which renders nonconforming any previously lawful building or use, the village shall use its best efforts to notify the owners of record of all properties containing a use or structure thus made nonconforming. Within 90 days after the receipt of such notice said owners of record shall submit applications, on forms made available in the Zoning Administrator's office, for a certificate of nonconformity for any nonconforming building or use. The failure of the village to give such notice shall excuse the making of such application, but shall not extend the period for the amortization of such nonconforming building or use.
(1) Application information. The application for such certificate shall designate the location, nature, and extent of such nonconforming building or use; information satisfactory to document that the nonconformity was a lawful use at the time of its initiation; and such other details as may be necessary for the issuance of the certificate of nonconformity.
(2) Failure to apply. If any owner of a nonconforming building or use fails to apply for a certificate of nonconformity in the above stated manner, such building or use shall thereafter be deemed to be in violation of this chapter.
(B) Verification; certificate recorded.
(1) Prior to issuing a certificate of nonconformity or renewal thereof for any building or use, the premises shall be visited by a village representative appointed by the Zoning Administrator. The Zoning Administrator shall not issue a certificate of nonconformity or renewal thereof for any building or use which does not conform to the regulations of the district in which it is located except as permitted in this section, and shall take appropriate action to enjoin any such use. In all other cases the Zoning Administrator shall issue such certificate of nonconformity or renewal thereof within a reasonable time after application therefor, not to exceed 90 days.
(2) A copy of the certificate of nonconformity shall be recorded by the village with the County Recorder of Deeds against the property in question. Such certificate shall bear on its face the date for the required elimination of the nonconformity.
(C) Fees. When making application for a certificate of nonconformity for a nonconforming building or use, the following compliance fees shall be paid:
(1) Accessory buildings, home occupations, private garages, roadside stands, single-family dwellings, two-family dwellings, and multiple-family dwellings, $10.
(2) All other nonconforming uses, $25.
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999