The provisions of this chapter are intended to provide for the identification and/or regulation of nonconforming uses, buildings, and/or structures, or portions thereof, as defined in this Ordinance.

12-1.1.

Nonconforming uses, buildings, and/or structures, or portions thereof, shall be eliminated, removed, and/or upgraded to conforming status under the provisions of this Ordinance, under the following conditions:

(a)

Major structural alterations are required to ensure the health, safety and/or welfare of the general public, and/or, the owners, occupants, and/or users of said use, building, and/or structure;

(b)

Additions and/or enlargements become necessary to continue the operation and/or maintenance of a nonconforming use;

(c)

The owners and/or operators of a nonconforming use, building, and/or structure, wish to move and/or relocate said use, building, and/or structure to another portion of said lot, or to another zoning lot;

(d)

Restoration costs for a legally-existing nonconforming use, building, and/or structure destroyed by fire or other casualty, exceed the limitations specified herein; and/or

(e)

A demonstrated change of use occurs.

12-1.2.

Nonconforming use of a conforming zoning lot, building and/or structure. A legally existing nonconforming use, being operated and/or maintained, on and/or in, an otherwise conforming zoning lot, building and/or structure, or portion thereof, may be continued, subject to the following provisions:

(a)

The nature of said nonconforming use shall not be changed to a different nonconforming use.

(b)

The expansion and/or extension of said nonconforming use, into any other portion of said zoning lot, building and/or structure, shall be prohibited.

(c)

If said nonconforming use is discontinued for a period of 12 consecutive months, any subsequent use of said zoning lot, building, and/or structure, or portion thereof, shall fully comply with the applicable provisions of this Ordinance, for the zoning district in which said lot, building and/or structure is located.

(d)

The establishment and/or reestablishment of a legally existing nonconforming use, shall be permitted in accordance with the provisions specified elsewhere in this Ordinance.

(e)

Where said use of a zoning lot is accessory to the nonconforming use of a building and/or structure, it shall be discontinued when the nonconforming use of the building and/or structure is discontinued.

As of the effective date of this Ordinance, legally existing uses, buildings, and/or structures which remain and/or become nonconforming under the provisions of this Ordinance, as amended, shall be permitted to continue, predicated on full compliance with the provisions of this Ordinance.

Any legal nonconforming 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. Alterations, as defined in chapter 2, Definitions, of this Ordinance, shall be prohibited, unless required by law to ensure public safety, and/or are necessary to bring about full compliance with the provisions of this Ordinance, thereby eliminating the nonconforming status of said use, building, and/or structure.

Nonconforming uses, buildings and/or structures, shall not be moved to a different location on their current zoning lot, and/or relocated to another zoning lot, until and unless, existing principal and accessory uses, and all buildings and/or structures, or portions thereof, fully comply with the provisions of this Ordinance.

Legally existing nonconforming uses, buildings, and/or structures, or portions thereof, which are partially or totally destroyed by fire or other casualty by and beyond the control of the property owner as documented by the owners of record of said zoning lot and subject to verification by the director of planning, may be restored to its previous nonconforming status.

12-5.1.

In such cases, said buildings, and/or structures, shall be restored in a manner which fully complies with the provisions of the Ordinance.

12-5.2.

Restoration shall be prohibited, until and unless, said restoration commences within 12 months of the date of said casualty or loss, and, said restoration is diligently prosecuted to completion.

(Ord. No. 08-07, § 1, 4-7-08)

Legally existing nonconforming uses, buildings, and/or structures, or portions thereof, may be changed to a permitted use, in accordance with the applicable provisions of this Ordinance, for the zoning district in which it is located.

Establishing legal nonconforming use status. Owners of record seeking to establish the validity of a legal nonconforming use, shall provide documentation, in a form acceptable to the corporate authorities, of the following:

12-7.1.

The construction date for all buildings and/or structures. Such documentation shall include, but not be limited to, a certified copy of the following documents: Building permit, Certificate of occupancy and/or Certificate of zoning compliance.

12-7.2.

The date when the nonconforming use was initially established. For commercial and/or industrial uses, such documentation shall include, but not be limited to, the following: Business license and/or Federal employer identification number.

12-7.3.

Evidence of continuous on-site operation, indicating said use, or a use determined by the city planner to be similar in nature to a previous use, was in continuous operation, on said zoning lot, in the previous 12 months.

12-7.4.

Such documentation shall include, but not be limited to, the following: signed affidavits from persons having personal knowledge of said use, operating on said zoning lot, since the use was initially established; and/or, utility records indicating maintenance of said use for the preceding 12-month period, and/or the period of operation claimed by the owners of record.

12-7.5.

Additional documentation determined to be necessary by the city planner, the zoning board of appeals, and/or the corporate authorities.

Utilizing the procedures established for variances by chapter 13, Administration, owners of record of property seeking relief from the provisions of this chapter, which may be perceived as a source of undue financial hardship to said owners, may petition the zoning board of appeals for the purposes of reestablishing the legal nonconforming use status of such property.

12-8.1.

In rendering its decision, the zoning board of appeals may grant or deny any petition for reestablishment of a legal nonconforming use, based upon, but not limited to, the following criteria, including the stipulation of additional conditions and/or guarantees when deemed necessary for the protection of the public interest:

(a)

The original intent of the building, structure and/or use of the property;

(b)

The length of time for which the building, structure and/or use of the property has been abandoned or discontinued;

(c)

The extent of nonconformity with respect to the existing requirements of the zoning district in which the property is located;

(d)

The trend of development, if any, in the general area of the property;

(e)

The prior zoning classification of the property at the time the building, structure or use of the property was established; and

(f)

Proof of previous use and/or prior nonconforming use status.

12-8.2.

The zoning board of appeals, in rendering its decision, shall also make findings that the reestablishment of the nonconforming use status can be granted without substantial detriment to the public good; that the benefits of such reestablishment would substantially outweigh the detriment; and, that such reestablishment would not substantially impair the intent and purposes of the zoning ordinance and comprehensive plan.