A. Any nonconforming building, structure or use which existed lawfully at the time of adoption of this title, or the zoning ordinance adopted October 17, 1960, as amended, and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of this title or of any subsequent amendments thereto, may be continued subject to the regulations of this chapter.
B. The following nonconforming buildings, structures, lots or uses may be continued subject to the conditions set forth in subsections C and D of this section:
1. Except in the W5 single-family residence district, any principal residence built on lots of less than one acre prior to the passage of this title shall be zoned as though existing in a W3 single-family residence district;
2. Except in the W5 single-family residence district, lots platted prior to October 17, 1960, which are less than one acre in lot area, may be improved subject to meeting all requirements, other than minimum lot area, for the W3 single-family residence district;
3. Lots located in the W5 single-family residence district, which were subdivided and improved in the county prior to their annexation to the village in 1989, were zoned by the village in the W1 single-family residence district upon their annexation, were thereafter zoned by the village in the W5 single-family residence district, and are less than one acre in lot area, may be used and improved subject to meeting all requirements, other than minimum lot area, for the W5 single-family residence district, except as provided in subsection C of this section.
C. The conditions for the continued use or improvement of certain nonconforming buildings, structures, lots or uses pursuant to subsection B of this section, shall be as follows:
Except for: 1) lots of one acre or more located in the W5 single-family residence district; and 2) unimproved lots of less than one acre located in the W5 single-family residence district, the requirements for ground floor area, front yard, side yard and rear yard for principal and accessory buildings may be reduced by the percentage that the lot upon which the construction will take place is less than the minimum required lot area in the zoning district in which the property is located or deemed to be located, but in no event shall:
1. The ground floor be less than one thousand five hundred (1,500) square feet;
2. The front yard be less than the average front yard of the principal residences immediately adjacent to the proposed building site, or in the absence of such structures, less than forty feet (40');
3. The side yards be less than twenty feet (20');
4. The rear yard be less than forty feet (40'); and
5. Setbacks for accessory buildings or garages shall not be less than the general requirements of this title for such structures.
D. In a historic district, all permitted construction, all materials used for any improvement of a nonconforming building, structure, lot or use, and the establishment of ground floor area, front yard, side yard and rear yard, shall be reviewed and approved by the historic sites commission pursuant to the procedures established in this code. (Ord. 02-03, 4-2-2002)