Coal City City Zoning Code
ARTICLE XIV
Nonconformities
§ 156-290 Purpose.
A.
The intent of this article is to provide for the continuation and, under appropriate circumstances, elimination of existing uses of property that do not conform to the requirements of this chapter or that may not conform to future amendments thereto.
B.
The provisions herein are designed to accomplish this intent in a way that:
(1)
Recognizes the rights and interests of owners of individual properties that have been rendered nonconforming by Village action to upgrade zoning policies and standards.
(2)
Allows the property owner or lessee to recover his or her investment in the nonconformity, while also recognizing that by virtue of the nonconformity he or she enjoys a special right not available to other property owners in the same zoning district.
(3)
Minimizes the nuisances, reduction in neighboring property values, and other adverse effects of properties that do not conform to their environs
§ 156-291 Types.
B.
The lawful issuance of a building permit prior to the dates specified above shall be considered to establish the lawfulness of any building or structure.
C.
There are three categories of nonconformities:
(1)
Activity nonconformities.
(a)
A property with an activity nonconformity is being used for a purpose not allowed in its zoning district.
(b)
Activity nonconformities are any activities or functions carried on at a premises (as either a principal or accessory use) that are not allowed by the permitted and conditional uses of the zoning district in which the premises was designed.
(c)
The use of a dwelling now located in a residential district as the site of a previously legal business is an example of an activity nonconformity. The design of such a structure is conforming, but its use is not.
(d)
The provisions herein recognize that activity nonconformities can generally be eliminated more easily and at less cost than other kinds of nonconformities.
(2)
Design nonconformities.
(a)
A property with a design nonconformity was designed for a purpose not allowed in its zoning district. Its present use may or may not be for a purpose allowed in that district.
(b)
A design nonconformity is the design or intended use of all or substantially all of a premises for any principal or accessory use not allowed by the permitted and conditional uses of the zoning district in which it is located, irrespective of the nature of the activities currently carried on at that premises.
(c)
A previously legal premises now located in a residential district that was designed and intended as an automobile service station or an open sales lot would be an example of a design nonconformity, even if no service station or sales business were currently operated on the premises. A store building in a residential district presently used as an elementary school would be another example. In both cases, the use or activity on the premises is conforming but the design or appearance of the premises is not.
(d)
The provisions herein recognize that design nonconformities are more difficult and more costly to eliminate than activity nonconformities.
(3)
Standards nonconformities.
(a)
Standards nonconformities are all other nonconformities with the requirements of this chapter, including nonconformities involving:
(b)
An underdeveloped lot not meeting the minimum width required by its zoning district, or an otherwise conforming business with a sign that does not meet a requirement of the sign regulations, would be examples of standards nonconformities.
(c)
The provisions herein recognize that certain types of standards nonconformities are difficult and costly to eliminate while other types can be eliminated more easily and at relatively modest expense.
§ 156-292 Elimination.
A.
Repair and restoration.
(1)
Routine maintenance and minor repairs within any twelve-month period costing 33% or less of the value of the improvements on a property with a nonconformity may be performed without elimination of any nonconformity.
(2)
Reconstruction or repairs costing over 33% of the value of the improvements on a property with a nonconformity that is damaged or destroyed may be performed so long as:
(a)
The new construction does not exhibit any greater degree of nonconformity than existed before the damage or destruction; and
(b)
Existing design or standards nonconformities conform to the requirements on partial elimination of nonconformities in Subsection I of this section, except that partial or complete elimination shall not be required of any nonconformity with the requirements for minimum lot area or minimum lot area per dwelling unit.
B.
Additions, enlargements, and alterations to structures.
(1)
Activity nonconformity. No addition, enlargement or structural alteration shall be made to a structure on a property having an activity nonconformity without the elimination of such nonconformity.
C.
Expansion within structures.
(1)
Activity nonconformity. Any expansion within a structure on a property having an activity nonconformity shall require elimination of the nonconformity.
(2)
Design nonconformity. Expansion of activities within a structure on a property having a design nonconformity is permitted if the expansion involves no structural alteration as defined in § 156-3. Any other expansion shall require elimination of the nonconformity.
(3)
Standards nonconformity. Expansion within a structure on a property having a standards nonconformity is permitted conditioned upon the conformance of all standards nonconformities with the requirements on partial elimination of nonconformities found in Subsection I of this section.
[Amended 7-27-2016 by Ord. No. 16-16]
D.
Expansion of use of land. Expansion of the use of land having any nonconformity, whether involving a principal or accessory use, is permitted beyond the land area presently occupied only provided that the nonconformity is eliminated and no new nonconformity is created.
E.
Moving of structures. No structure with any nonconformity shall be moved in whole or in part to any other location on the same or any other lot unless in the new location it will conform to all regulations of the applicable zoning district.
F.
Change in activity.
(1)
Activity nonconformity. No activity creating an activity nonconformity shall be changed to another activity that creates an activity nonconformity.
(2)
Design or standards nonconformity. If use of a property after discontinuation as provided above would reinstate, continue, or create a standards nonconformity, or a greater such nonconformity than existed previously, then such nonconformity shall conform to the requirements on partial elimination of nonconformities in Subsection I of this section.
G.
Discontinuance of activity.
(1)
Activity nonconformity. If an activity nonconformity is voluntarily and intentionally discontinued, no subsequent use of the same property shall resume or establish any such nonconformity.
(2)
Design or standards nonconformity. If use of a property after discontinuation as provided above would reinstate, continue, or create a standards nonconformity, or a greater such nonconformity than existed previously, then such nonconformity shall conform to the requirements on partial elimination of nonconformities in Subsection I of this section.
H.
Nonconforming residential lots of record. Any lot of record as of the effective date of this chapter that is located in a residential district that has no substantial structure upon it and that has a standards nonconformity may be used for single-family detached dwelling without eliminating the nonconformity.
I.
Partial elimination of nonconformities. Where specifically provided herein, nonconformities shall be reduced or eliminated to the extent the Village Board determines physically and economically feasible, particularly where this can be done without relocation of sound major structures, acquisition of additional land, or expenses disproportionate to the cost of the expansion, enlargement, change or resumption of activity, or other action taken.
J.
Value of improvements. For purposes of this section, the value of improvements on the property shall be the most recent equalized assessed valuation for property tax purposes divided by the assessment ratio of assessed to true value.
§ 156-293 Conditional or intermittent uses.
Conditional uses approved by the Village shall not be considered to have activity or design nonconformities but shall require an additional conditional use permit for any alteration, enlargement, or extension. The casual, intermittent, or temporary use of land or structures shall not be sufficient to establish the existence of a nonconformity.
§ 156-294 Administration.
A.
A certificate of occupancy shall be required for the continuation of all nonconformities created by this chapter or any amendment thereto.
B.
When the Zoning Administrator determines that a property has any nonconformity, he or she shall notify the owner or lessee thereof of such nonconformity and of the regulations applicable thereto.
C.
Such notice shall require that the recipient file with the Zoning Administrator, within 90 days of the date thereof, either satisfactory evidence that the property is not nonconforming or a completed application for a certificate of occupancy to continue the nonconformity.
D.
Upon timely receipt of a complete and accurate application therefor, the Zoning Administrator shall issue a certificate of occupancy for the nonconforming property.
E.
The Zoning Administrator shall maintain a file of all nonconformities of which he or she has sent notice and of all nonconformities issued certificates of occupancy.