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Divernon City Zoning Code

CHAPTER 5

NONCONFORMING BUILDINGS, STRUCTURES AND USES

10-5-1: INTENT:

It is the purpose of this chapter to provide for the regulation of nonconforming uses, buildings and structures. It is not the purpose of this chapter to deprive the owner of any existing property of its use or maintenance for the purpose to which it is lawfully devoted at the time of the adoption hereof, but to provide for the regulation and, if necessary, the gradual elimination of uses, buildings or structures which are incompatible with the character of the districts in which they are located. (Ord. 2018-004, 6-27-2018)

10-5-2: AUTHORITY TO CONTINUE NONCONFORMING BUILDINGS, STRUCTURES AND USES:

Any nonconforming building, structure or use which existed lawfully at the time of the adoption hereof and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption hereof or of any subsequent amendment hereto, may be continued in accordance with the regulations which follow. (Ord. 2018-004, 6-27-2018)

10-5-3: EXEMPTED BUILDINGS, STRUCTURES AND USES:

   A.   A nonconforming building, structure or use lawfully established on the effective date hereof shall not be subject to the provisions of this chapter solely by reason of being nonconforming with respect to the standards prescribed in this title for:
      1.   Floor area.
      2.   Yards (front, side or rear).
      3.   Lot area per dwelling unit.
      4.   Lot width.
      5.   Ground floor area.
      6.   Off-street parking and loading spaces.
   B.   No building designed and used as a dwelling which was legally established on the effective date hereof in any district shall be subject to elimination because of the provisions of this chapter. (Ord. 2018-004, 6-27-2018)

10-5-4: RESTRICTIONS OF NONCONFORMING USES:

Any lawful existing use which does not conform with the regulations of the district in which it is located shall be subject to the following provisions:
   A.   A nonconforming use shall not be enlarged nor shall it be extended to occupy an area greater than the area occupied by such use on the effective date hereof.
   B.   A nonconforming use shall not be moved, in whole or in part, to any other position of the lot occupied by such use on the effective date hereof.
   C.   If a nonconforming use of land ceases for a period of six (6) months or more and if the building or structure thereon are adaptable to a use permitted in the district in which it is located, then a subsequent use of land must conform to the regulations specified by this title for the district in which it is located.
   D.   Should a nonconforming use or structure or building, which is designed or intended for a use which is not permitted in the district in which it is located, deteriorate or be damaged or destroyed by fire or other casualty or act of God to the extent that the cost of the restoration to the condition in which it was before the occurrence shall exceed fifty percent (50%) of the replacement cost of the entire building new, then it shall not be restored unless said building or structure or use shall conform to all of the regulations in the district in which it is located.
   E.   A nonconforming use shall not be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located. (Ord. 2018-004, 6-27-2018)

10-5-5: ELIMINATION OF NONCONFORMING USES:

   A.   Notwithstanding any other provision in this title, if a nonconforming use ceases for six (6) months, it may not in any event be revived.
   B.   Notwithstanding any other provision of this title, any mobile home located in a residential district must be approved by the Zoning Board of Appeals if it is to be replaced with another mobile home. (Ord. 2018-004, 6-27-2018)