Clyman City Zoning Code
ARTICLE V
Nonconforming Uses, Structures and Lots
§ 440-36 Existing nonconforming uses.
The lawful use of a building, structure, property or fixture that existed at the time of this chapter or an applicable amendment to this chapter took effect and which is not in conformity with the provisions of the chapter, including the routine maintenance of such a building, structure or property, may be continued, subject to the following conditions, exceptions and regulations:
A.
If a nonconforming use is discontinued for 12 consecutive months, any future use of the building, structure, property or fixture shall conform to this chapter.
B.
Any legal nonconforming use of the property which does not involve the use of a structure and which existed at the time of the adoption or subsequent amendment of this chapter may be continued although such use does not conform with the provisions of the chapter. However, such nonconforming use may not be extended or enlarged.
C.
Total structure repairs or alteration in such a nonconforming building, premises, structure or fixture shall not during its life exceed 50% of the assessed value of the building, premises, structure or fixture unless it is permanently changed to conform to the use provision of this chapter.
D.
A file of nonconforming use shall be maintained by the Zoning Administrator listing the following: owner's name and address; tax identification number, use of the buildings, premises, structures and fixtures, and the accumulated value of any permitted repairs since becoming a nonconforming use.
§ 440-37 Existing nonconforming structures.
A dwelling or other structure that existed lawfully before this chapter or an applicable amendment to this chapter took effect and which is not in conformity with the provisions of this chapter for development regulations such as setbacks, height, lot area, lot width, lot coverage, yards, parking, loading, access, etc., may be continued, subject to the following:
A.
A nonconforming structure may be repaired, maintained, renovated or remodeled without regard to the cost of the work.
B.
A nonconforming structure may not be extended, enlarged, reconstructed, moved, structurally altered or expanded except when:
(1)
Such extension, enlargement, reconstruction, etc., is required by law or so as to comply with the provisions of this chapter; or
(2)
The change does not result in an increase to the nonconforming nature of the structure. No such change may increase the parking requirements for the use unless the on-site parking requirements of this chapter are met.
C.
Nonconforming structure damaged beyond repair.
(1)
A nonconforming structure that is damaged beyond repair or destroyed may only be reconstructed in conformance with the provisions of this chapter, except that such a structure may be restored to the size, location and use that it had immediately before the damage or destruction occurred as follows:
§ 440-38 Changes and substitutions.
Once a nonconforming use, structure or property has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Village Board has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Village Board.
§ 440-39 Preexisting substandard lots.
A.
In any residential or agricultural district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the County Register of Deeds office before the effective date or amendment of this chapter. Required yards shall only be modified upon appeal to the Board of Appeals.
B.
Such lot or parcel shall be in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this chapter. If in separate ownership all the district requirements shall be complied with as practical.
§ 440-40 Nonconforming yard regulations.
A.
Average front yards. The required front yards may be decreased in residential and commercial districts to the average of the existing front yards of the abutting structures on each side but in no case less than 25 feet in residential districts unless a conditional use is permit granted.
B.
Frontage and lot width. The frontage may be reduced to 40 feet for lots abutting the exterior street line or curved streets or culs-de-sac, provided the side lot lines are perpendicular to the street lines and lot widens to the required width not more than 100 feet from the street line.