§ 34-897. Continued use of existing single family home during construction of a replacement single family home.

The village council may authorize the continued use of a legally existing single family home (this does not apply to recreational vehicles or temporary structures) during the construction of a new replacement single family home with, but not limited to, the following conditions:

(1)

The lot or building site is large enough to accommodate the existing single family home and the construction of the replacement home while meeting all village code requirements, (no variances or waivers) including but not limited to, all development and building standards.

(2)

The property owner must provide a notarized letter explaining the reason why the existing home should remain during construction and the owner's intent to move into the new construction and have the existing house demolished within 30 days after a temporary certificate of occupancy on the new construction is issued.

(3)

Demolition of the existing single family structure must occur within 30 days after issuance of the temporary certificate of occupancy.

(4)

The property owner must enter into an agreement with the village, approved by the village manager, providing that the property owner agrees to provide legal access to the village, in a manner prescribed by the village, to allow the village or its contractor to enter onto the property and demolish such structure if the property owner fails to comply with this section or if the property owner fails to comply with the terms of the agreement, which shall also include a date certain as to when the structure must be demolished. The date certain may not extend beyond nine months from the date of entering into the agreement. The agreement shall require the property owner to provide a bond or other level of security in order to compensate the village for any demolition costs. The village manager shall have the authority to extend the date certain once, upon the written request of the owner, and such extension may not exceed a period of 30 days. If the village manager denies an extension request the property owner shall have the right to appeal such denial to the village council, but only if such appeal is requested within ten days of the denial by the village manager, which denial may be sent to property owner by regular mail or email.

(5)

The agreement shall give the village the right to enter onto the property, without any further legal action by the village, and demolish the structure.

(Ord. No. 2018-09 , § 2, 5-10-2018)