Calumet City Zoning Code
NONCONFORMITIES
§ 153.260 INTENT, PURPOSE.
(A) It is the intent of this subchapter to permit legal nonconforming uses, sites, structures and lots to continue until they are removed but not to encourage their survival.
(B) It is recognized that there exists within districts established by this chapter and subsequent amendments, uses, sites, structures and lots which were lawful before this chapter was passed or amended which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.
(Ord. 160, passed 4-21-2022)
§ 153.261 GENERAL STANDARDS.
(A) Continuation. On or after the effective date of this subchapter or any subsequent amendments, a nonconformity that was lawfully operated, established or commenced in accordance with the provisions of all ordinances, statutes or regulations in effect at that time may continue subject to this subchapter.
(B) Change in tenancy or ownership. There may be a change of tenancy, ownership or management of any existing nonconforming use or structure which does not alter the nonconforming status.
(C) Special land uses and variances. If a special land use or variance has been approved, the structure or use shall not be considered nonconforming.
(D) Issued zoning permit. Any zoning permits issued prior to the effective date of this chapter, or any subsequent amendments, shall be valid in accordance with its terms, even though not conforming to the provisions of this chapter, provided that construction is commenced within 12 months after the date of permit issuance and proceeds meaningfully until completion.
(E) Exception for repairs pursuant to public order. Nothing in this subchapter shall be deemed to prevent the strengthening or restoration to a safe condition of a building or structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, provided that such restoration is not otherwise in violation of the various provisions of this subchapter prohibiting the repair or restoration of partially damaged or destroyed buildings or structures.
(F) Loss of nonconformity. A legal nonconformity is lost by changing to conform to the chapter or through vacancy, lack of operation or otherwise for 12 or more successive calendar months. If lost, any future use of such premises shall be in conformity, in its entirety, with the provisions of this chapter. Loss of a nonconformity shall terminate the right to continue the nonconformity.
(Ord. 160, passed 4-21-2022)
§ 153.262 USES.
Nonconforming uses may be continued, enlarged, or expanded in accordance with the following provisions:
(A) Continuance.
(1) A legal nonconforming use of any structure may be continued, although such use does not conform to the provisions of this subchapter.
(2) Such use may be extended throughout the structure, provided that no structural alterations or additions to the structure are made.
(B) Enlargement or expansion. A conforming structure in which a nonconforming use is operated shall not be enlarged or expanded unless approved by the Zoning Board of Appeals, except as required by law or to comply with an order of the Building Official.
(C) Change of use regulations.
(1) Changes to conforming uses. Any nonconforming use may be changed to a use conforming with the regulations established for the district in which the nonconforming use is located, provided, however, that a nonconforming use so changed shall not in the future be changed back to the former nonconforming use.
(2) Changes to other nonconforming uses. Changes to other nonconforming uses shall be prohibited. The Zoning Board of Appeals does not have the authority to grant use variances.
(3) Approval standards. The Zoning Board of Appeals shall only approve the enlargement or expansion of an existing conforming structure for a nonconforming use if it makes findings in support of each of the following.
(a) The expansion will not be contrary to the public interest.
(b) The expansion will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.
(c) The expansion will be in harmony with the spirit and purpose of these regulations and the master plan goals, objectives and policies.
(d) The plight of the applicant for which the expansion is sought is due to unique circumstances existing on the property and/or within the surrounding district.
(e) Approval of the expansion will not substantially weaken the general purposes of this section or the regulations established in this chapter for the applicable zoning district.
(f) The expansion shall not require more off-street parking and loading space than the former nonconforming use unless additional adequate off-street parking and loading space is provided for the increment of the expansion as if the increment were a separate use.
(g) The expansion shall conform to all regulations and standards established this chapter.
(h) The expansion will not adversely affect the public health, safety and welfare.
(Ord. 160, passed 4-21-2022)
§ 153.263 SITES.
Nonconforming sites may be continued, enlarged or expanded in accordance with the following provisions.
(A) Applicable standards.
(b) Consequently, many development sites do not meet current requirements for such items as parking lot standards, landscaping, exterior lighting, storm water requirements and other design specifications.
(2) This section requires that such nonconforming sites be brought into conformance with all applicable development standards prescribed by this chapter.
(B) Authority to continue. Any legal nonconforming site may be continued so long as it remains otherwise lawful subject to this section.
(C) Extensions.
(1) In general. A nonconforming site on which there is a conforming use shall not be expanded or contracted unless the site is brought into conformance with the provisions of this chapter.
(2) Single-family residential exception. A single-family residential structure that is located on a legally nonconforming site with respect to required yards, areas or height may be structurally altered or enlarged, providing the portion of the structure that is altered or enlarged conforms with the provisions of this chapter.
(D) Relocations. No structure shall be relocated within a nonconforming site until the site is brought into conformance with the provisions of this chapter.
(E) Change in use.
(1) A nonconforming site shall be allowed to be occupied by another use allowed by right in the district so long as no exterior structural or site modifications are to occur.
(2) In the event the new occupant desires to provide exterior structural modifications, the site shall be brought into compliance with all applicable site and use standards, unless a nonconforming site variance has been approved by the Zoning Board of Appeals.
(Ord. 160, passed 4-21-2022)
§ 153.264 STRUCTURES.
Nonconforming structures may be continued, repaired, replaced, enlarged or expanded in accordance with the following provisions:
(A) Continuance of nonconforming structures. Subject to all limitations in this subchapter, any nonconforming structure may be occupied, operated and maintained in a state of good repair, but no nonconforming structure shall be enlarged or extended unless in accordance with the allowable standards of this subchapter.
(B) Repair and maintenance of nonconforming structures.
(1) Nothing in this chapter shall prevent the repair, reinforcement, improvement or rehabilitation of any nonconforming structure, or any part thereof, which results from wear and tear, deterioration, fire, windstorm, snowstorm, rainstorm, flood or other casualty damage, nor shall it prevent compliance with the provisions of the State Construction Code Act, relative to the maintenance of buildings or structures.
(2) (a) Such repair and maintenance shall not be so extensive as to constitute a replacement of the structure by replacing an exterior wall(s).
(b) For the purposes of this section, the determination of whether proposed repairs and maintenance constitute replacement shall be made by the Zoning Administrator.
(c) The determination of the Zoning Administrator shall be appealable to the Zoning Board of Appeals.
(C) Replacement of damaged nonconforming structures.
(1) (a) Nothing in this subchapter shall prevent the replacement of any nonconforming building or structure damaged or destroyed by fire, windstorm, snowstorm, rainstorm, flood or other casualty damage beyond the control of the owner, provided such replacement utilizes the original structure footprint and does not increase the original usable floor area or volume of such structure.
(b) Such replacement shall commence within 12 months of the damage or destruction.
(2) If the property owner fails to commence reconstruction within this time frame the nonconforming status shall expire and the property will be required to follow applicable regulations for the zoning district and/or use.
(D) Enlargement or expansion.
(1) A nonconforming structure in which only permitted uses are operated may be enlarged or expanded provided that the area of nonconformance is not increased and provided further that compliance with all of the provisions of this chapter established for structures in the district in which the nonconforming structure is located.
(2) Such enlargement shall also be subject to all other applicable village ordinances.
(Ord. 160, passed 4-21-2022)
§ 153.265 LOTS.
(A) (1) Any nonconforming lot of record may be used for any purpose authorized by the district in which it is located, except those uses that specify a minimum lot size.
(2) This provision shall apply even though such lot fails to meet the requirements for area or width applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
(3) Any required variances may be requested pursuant to the procedures and standards of this chapter.
(B) If two or more contiguous lots, parcels or portions of lots or parcels are under the same ownership and do not individually meet the lot width, depth and/or area requirements of this chapter, then those contiguous lots, parcels or portions of lots or parcels shall be considered an undivided lot or parcel for the purposes of this subchapter, and no portion of such undivided lot or parcel shall be used or divided in a manner that diminishes compliance with the lot width, depth and/or area requirements established by this chapter or which creates a nonconforming structure.
(C) No lot of record that currently meets the dimensional standards of the zoning district can be divided to create a nonconforming lot.
(Ord. 160, passed 4-21-2022)