The area of the City of Beardstown, Illinois, is hereby divided into districts classified as set forth in this ordinance. The districts established herein are as follows:

R-1 district: Single-family residential (Article IV)

R-2 district: Multiple-family residential (Article V)

R-3: Residential Mobile Home District (Article V(A))

C-1 district: General commercial (Article VI)

C-2 district: Highway commercial (Article VII)

M-2 district: Heavy industrial (Article VIII)

W-1 district: Parks and recreation (Article IX)

PUD district: Planned unit development (Article X)

(Ord. No. 2002-01, § 1, 4-2-2002)

The aforesaid districts and certain combinations thereof are hereby established insofar as the designations, locations, and boundaries thereof are set forth and indicated on the zoning map.

No land shall be used and no building or structure shall be erected, constructed, enlarged, altered, moved or used in any district as shown on the zoning map, except in accordance with this ordinance.

Where uncertainty exists with respect to the boundaries of the various zoning districts as shown on the zoning district map, the following rules shall apply:

A.

The district boundaries are either streets or alleys, highway rights-of-way, railroad rights-of-way, waterways, lot lines, property lines, quarter section lines, half section lines, or full section lines, unless otherwise shown. Where the designation on the zoning district map indicates the various districts are approximately bounded by street or alley lines, the street or alley shall be constructed to be the boundary of the district.

B.

Where the zoning district boundaries are not otherwise indicated and where the property is divided into blocks and lots, the district boundaries shall be lot lines. Where the designation on the zoning district map indicates that the various districts are approximately bounded by lot lines, the lot lines shall be the boundary of such district unless the boundaries are otherwise indicated on the map.

C.

In unsubdivided property, the zoning district boundary line on the zoning district map may be determined by use of the scale contained on the map.

D.

Whenever any street, alley, highway, or other public right-of-way shall extend to the center of such vacation of all area included in the vacation shall they be subject to all regulations of the extended districts.

A.

No building or structure shall be constructed, located converted or altered nor shall any building or land be used except for the purpose permitted in the district in which the building or land is located, except as hereinafter provided. No building shall be erected, enlarged, or altered except in conformity with the area regulations and minimum yard requirements of these regulations for the district in which such building is located.

B.

Except as specified elsewhere in these regulations, no building or structure or group of related buildings or structures should be erected, reconstructed, or enlarged, and no use shall be established unless located on or comprising a lot or lots.

C.

No part of a yard or other open space required in connection with any building or structure for the purpose of complying with the provisions of these regulations shall be included as a part of a yard or other open space similarly required for another building or structure.

Any use of a building or land at the time this ordinance became effective shall be considered as a nonconforming use if the use of that building or land does not conform to the provisions of this ordinance for the zoning district in which that building or use is located.

A.

Extension or enlargement of nonconforming use.

1.

A nonconforming use in a residential district may not be enlarged or extended.

2.

A nonconforming use in other districts may be enlarged or extended only after approval of the board of appeals following a public hearing as provided in Article XV.

B.

Change of nonconforming use. A nonconforming use may be changed to another nonconforming use only if such change has first been approved by the board of appeals following a public hearing as provided in Article XV. Moving or relocating a nonconforming residential structure shall be deemed for the purposes of this Ordinance as a cessation of the nonconforming use and no further nonconforming use shall be allowed at that location.

C.

Damage or destruction. If a building containing a nonconforming use is, by any means, damaged or destroyed to the extent of more than sixty (60) per cent of its fair market value, such building or reconstruction thereof shall thereafter be occupied and used only for a conforming use, except:

1.

By permission of the board of appeals as provided herein.

2.

In the case of the owner of a nonconforming use who was the legal owner on the date of the enactment of this ordinance, or his successor in interest by operation of law, that owner or successor in interest may reconstruct the nonconforming use but may not expand or enlarge same.

D.

Repairs and alterations.

1.

Normal maintenance. Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs or incidental alterations.

2.

Structural alterations. No structural alterations shall be made in a building or other structure containing a nonconforming use; except:

a.

When required by law or by a regulatory authority pursuant to the law.

b.

When made pursuant to an enlargement or extension as permitted herein.

c.

When to accommodate a conforming use.

E.

Requirements for approval of an enlargement or extension of a nonconforming use. The board of appeals may permit the enlargement or extension of a nonconforming use if the board finds that:

1.

The enlargement or extension does not cause the area to be occupied by a nonconforming use to exceed one hundred twenty-five (125) per cent of the area occupied by a nonconforming use on the effective date of this ordinance.

2.

That the enlargement or extension does not exceed the applicable bulk regulations of the district.

3.

The applicable off-street parking requirements are complied with for the enlarged portion of the use.

4.

The enlargement or extension will not be detrimental to or tend to alter the character of the neighborhood.

F.

Requirements for approval of change on nonconforming use. The board of appeals may permit a nonconforming use to be changed to another nonconforming use if the board finds:

1.

That the substitution or addition will not be detrimental to or tend to alter the character of the neighborhood.

2.

That the substitution or addition will not increase congestion in the streets.

3.

That the new use is no less restricted than the existing use.

G.

Nonconforming signs. In all districts, a nonconforming sign may be continued for fifteen (15) years after the effective date of this ordinance or after such later date that the sign becomes nonconforming. Upon the expirations of such 15-year period, such nonconforming sign shall be removed. However, a nonconforming sign shall be allowed to continue if it is a type permitted by the applicable district regulations and is not more than one hundred fifty (150) per cent of the permitted size.

H.

Nonconforming Manufactured Homes. Any manufactured home as defined in Article II herein which at the time of this amendatory ordinance is located in a zoning district which no longer permits the placement of a manufactured home or if a particular manufactured home does not comply with the minimum standards for a manufactured home, as defined herein, whether single wide or double wide, in that zoning district shall be deemed to be a nonconforming use. Notwithstanding any other provision of this Ordinance, a manufactured home which meets the definition of a manufactured home - single wide which is located outside of a R-3 Residential Mobile Home District may still be upgraded or replaced with another manufactured home - single wide, but only if the replacement manufactured home has a manufacture date of no older than five (5) years upon installation, it complies with the requirements of the relevant zoning district and Chapter 11 of Beardstown's City Code, and the Commission and Council grant a special use permit allowing the replacement under this Zoning Ordinance. Should a non-conforming manufactured home be removed from its existing location, a petition for special use permit seeking to allow a replacement must be filed within sixty (60) days after removal of the non-conforming manufactured home.

(Ord. No. 2002-01, §§ 3, 4, 4-2-2002; Ord. No. 2022-13, § 2, 6-7-2022)