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NONCONFORMING BUILDINGS AND USES
§ 159.085 SCOPE OF REQUIREMENTS.
   Any nonconforming building or use which existed lawfully at the time of the adoption of this chapter (or any amendment hereto) and which remains nonconforming, and any building or use which became or shall become nonconforming upon the adoption of this chapter (or any amendment hereto) may be continued only subject to the requirements of this subchapter.
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed
4-23-86)
§ 159.086 CERTIFICATE OF NONCONFORMITY.
   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
§ 159.087 RESTORATION OF NONCONFORMING BUILDINGS.
   (A)   Damage more than 50%. A nonconforming building which is destroyed or damaged by any means out of the control of the owner to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50% of the cost of restoration of the entire building new, shall not be restored unless said building and the use thereof shall conform to all the regulations of the district in which it is located.
   (B)   Damage less than 50%. In the event a nonconforming building is destroyed or damaged by any means out of the control of the owner to an extent of less than 50% of the cost of restoration of the entire building new, such restoration shall be started or positive procedures shall be commenced to start such restoration within six months from the date of partial destruction. The restoration must be diligently pursued to completion within a maximum of two years from the time restoration construction is initiated. Failure to initiate or conclude restoration within these limits shall constitute abandonment as defined in § 159.091(A). In no case shall such restoration nor the time spent during construction and repairs operate to extend the time for elimination of any nonconformity.
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999
§ 159.088 REPAIRS, ALTERATIONS, ADDITIONS, AND ENLARGEMENTS.
   (A)   Buildings nonconforming with respect to bulk. A building which is nonconforming as to bulk or setback, and which is designed and used for a use which is permitted in the district in which it is located, may be added to or enlarged subject to the following regulations:
      (1)   No nonconforming feature of the building may be added to or enlarged.
      (2)   The combination of the addition and the original building must comply with the minimum area and density regulations of the applicable zoning district.
   (B)   Conforming buildings with nonconforming uses. A building all or substantially all of which is designed or intended for a use permitted in the district in which it is located, and which is occupied by a nonconforming use, may be repaired, altered, or structurally changed provided said repairs, alterations, or structural changes conform to the regulations of the district in which said building or structure is located.
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999
§ 159.089 EXTENSION OF USE.
   A nonconforming use shall not be expanded or extended beyond the area of the building or land it occupied at the time of the creation of the nonconformity.
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999
§ 159.090 CHANGE OF USE.
   A nonconforming use shall not be changed to any other use except to a use permitted in the district where located. No change to even a permitted use shall be permitted unless all related buildings comply with all village codes and ordinances pertaining to fire prevention and protection.
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999
§ 159.091 ABANDONMENT OF USE.
   Any nonconforming use which has been abandoned shall not thereafter be re-established. Any building, land, or building and land in combination, which was formerly devoted to a nonconforming use which has been abandoned, shall not again be devoted to any use other than those uses which are permitted in the district in which the building, land, or building and land in combination, is located.
   (A)   Abandonment defined. The term ABANDONMENT as used herein, shall mean the voluntary discontinuance of nonconforming use when accompanied by an intent not to re-establish such use or occupancy. Any one of the following shall constitute prima facie evidence of intent to abandon:
      (1)   Any positive act indicating such intent;
      (2)   Any conscious failure to take all necessary steps to resume the nonconforming use with reasonable dispatch in the circumstances, including advertising of the property for sale or for lease;
      (3)   In the case of a building or of a building and land in combination, discontinuance of the nonconforming use for 12 consecutive months;
      (4)   In the case of land only, discontinuance of the nonconforming use for 90 consecutive days, or for a total of six months during any one-year period; or
      (5)   In the case of a nonconforming building which is damaged by means out of the control of the owner to an extent of less than 50% of the cost of restoration of the entire building new, failure to commence restoration within six months from the date of partial destruction, or conclude restoration within two years from the time restoration construction is initiated.
   (B)   Written notice. Upon the discontinuance of a nonconforming use the owner of the premises shall give written notice to the Zoning Administrator within 30 days expressing one of the following intents:
      (1)   The intent to continue the previous nonconformities (in which case a new certificate of nonconformity is required); or
      (2)   The intent to discontinue any nonconformities (in which case any related certificate of nonconformity must be forfeited).
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999
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