§ 159.132 ADMINISTRATION AND ENFORCEMENT.

   Any violation or attempted violation of this section of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to village codes and state law. A violation of this section shall be considered a violation of this Code. The remedies of the city shall include the following:

   (A)   Issuing a stop work order for any and all work on any sign on the same zone lot.

   (B)   Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity.

   (C)   Imposing any penalties that can be imposed directly by the village according to this Code, § 159.999, Penalties.

   (D)   Seeking in court the imposition of any penalties that can be imposed by such court according to this Zoning Code.

   (E)   In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the village under the applicable provisions of this Zoning Code and Building Codes for such circumstances.

   (F)   In the case of a sign is placed in the public right-of-way, village staff may remove the sign entirely. Each sign removed shall be considered a separate violation when applying the penalty portions of this section.

(Ord. 15-1190, passed 9-16-15)

§ 159.133 PERMIT FEES.

   The Village Board of Trustees shall establish a schedule of fees, charges and expenses for permits for any inspection, construction, alteration, repair, demolition, or removal of any sign regulated by this chapter. Fees shall be paid to the village at the time application for a permit is made. The schedule of fees shall be posted in the office of the Village Clerk and may be altered or amended from time to time by the Mayor and Village Board.

(Ord. 15-1190, passed 9-16-15)

NON-CONFORMING, BUILDINGS, STRUCTURES AND USES

§ 159.140 NON-CONFORMING, BUILDINGS, STRUCTURES AND USES INTENT AND PURPOSE.

   This section establishes separate districts, each of which is an appropriate area for the locations of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts, that non-conforming buildings, structures, and uses not be permitted to continue without restrictions. Therefore, the purpose of this article is to provide for the regulation of non-conforming buildings, structures, and uses and to specify those circumstances and conditions under which those non-conforming buildings, structures and uses shall be permitted.

§ 159.141 EXISTING USES.

   (A)   Any lawfully established use of a building or land that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal non-conforming use and may be continued, except as otherwise provided herein.

   (B)   Any legal non-conforming building or structure may be continued in use provided there are no physical changes other than necessary maintenance and repair, except as otherwise permitted herein.

   (C)   Any building for which a permit has been lawfully granted may be completed in accordance with the approved plans, provided construction is started within 90 days of the adopting of this chapter and diligently prosecuted to completion. The building shall thereafter be deemed a lawfully established building(s).

§ 159.142 DISCONTINUANCE OF LAND USE.

   (A)   Whenever any part of a building, structure, or land occupied by a non-conforming use is changed to or replaced, the premises shall not thereafter be used or occupied by a non- conforming use, even though the building may have been originally designed and constructed for the prior non-conforming use.

   (B)   Whenever a non-conforming use of a building or structure or part thereof has been discontinued for a period of six consecutive months, or whenever there is evidence of a clear intent on the part of the owner to abandon a non- conforming use, this use shall not, after being discontinued or abandoned, be re-established. The use of the premises thereafter shall be in conformity with the regulations of the district it is located in.

   (C)   Where no enclosed building is involved, discontinuance of a non-conforming use for a period of three consecutive months shall constitute abandonment, and shall not thereafter be used in a non-conforming manner.

   (D)   A non-conforming use not authorized by the provisions of the Zoning Code now in effect shall be discontinued. (See § 159.143 below for time of removal)

   (E)   In no event shall an owner of a non-conforming driveway located within a zoned residential district be required to remove the driveway so long as the owner maintains the driveway in good order and repair. The owner shall be permitted to maintain and repair the driveway but may not expand its use or otherwise enlarge its size.

§ 159.143 TERMINATION AND REMOVAL.

   The period of time during which the following non-conforming uses of buildings, structures, or land may continue or remain shall be limited from the effective date of this chapter and section, or amendment thereto, which causes the use to be non-conforming. Every non-conforming use shall be completely removed from the premises at the expiration of the period of time specified below:

   (A)   Any non-conforming use of a building or structure having an assessed valuation not in excess of $500 shall be removed after two years;

   (B)   All non-conforming advertising devices such as pennants, flags, movable signs, or portable outdoor displays, in any business district shall be removed after two years;

   (C)   Any non-conforming signs and any and all billboards and outdoor advertising structures shall be removed after ten years;

   (D)   Any non-conforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to the use, or where the use is maintained in connection with a conforming building, shall be removed after a period of two years;

   (E)   Any non-conforming house trailer(s) shall be removed after a period of ten years; and

   (F)   In all residential districts, any use lawfully existing at the adoption of this Chapter, but permitted only in the business districts or in the manufacturing/industrial districts, and which use is located in a building, all or substantially all of which is designed or intended for residential accessory purpose, shall be entirely discontinued and shall thereafter cease operation in accordance with the following schedule:

 

Description of Use	Amortization Period
Uses Permitted only in the Business District.	Ten years from the date of the adoption of this chapter.
Uses Permitted only in the Manufacturing District.	Eight years from the date of the adoption of this chapter.

 

§ 159.144 REPAIRS AND ALTERATIONS.

   (A)   Normal maintenance of a building or other structure containing a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.

   (B)   No structural alteration shall be made in a building or other structure containing a non-conforming use, except in the following situations:

      (1)   When the alteration is required by law;

      (2)   When the alteration will actually result in elimination of the non-conforming use; and

      (3)   When a building is in a residential district containing residential non-conforming uses, it may be altered in any way to improved livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.