Edgerton City Zoning Code
CHAPTER 1129
General Interpretation
1129.01 COMPLIANCE WITH REGULATIONS.
(a) The regulations set forth by the Zoning Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided.
(b) No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
(c) No building or other structure shall hereafter be erected or altered:
(1) To exceed the height;
(2) To accommodate or house a greater number of families;
(3) To occupy a grater percentage of lot area;
(4) To have narrower or smaller rear yards, front yards, side yards or other spaces;
than herein required; or in any other manner contrary to the provisions of the Zoning Ordinance.
(d) No yard or lot existing at the time of passage of the Zoning Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of the Zoning Ordinance shall meet at least the minimum requirements established by the Zoning Ordinance.
(e) Variances to these regulations in specific cases may be authorized by the Planning Commission where there are practical difficulties or unnecessary hardships in carrying out the strict letter of the Zoning Ordinance providing such exception is in harmony with the general purpose and intent of the Zoning Ordinance and in accordance with the procedures and provisions of same. Hardship shall be based on physical limitations of the land and does not encompass financial considerations. Variances shall only be granted in accordance with the standards and procedures established in Section 1145.05. (Ord. 312. Passed 9-26-77.)
1129.02 INTERPRETATION, PURPOSE AND CONFLICT.
In interpreting and applying the provisions of the Zoning Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by the Zoning Ordinance to interfere or abrogate or annul any resolution, rule, regulation or permit previously adopted or issued, and not in conflict with any of the provisions of the Zoning Ordinance, or which shall be adopted or issued, pursuant to law relating to the use of buildings or premises and likewise not in conflict with the Zoning Ordinance; nor is it intended by the Zoning Ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where the Zoning Ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such other resolutions or agreements, the provisions of the Zoning Ordinance shall control. (Ord. 312. Passed 9-26-77.)
1129.03 NON-CONFORMING STRUCTURES OR USES.
(a) Non-conforming Structure.
(1) Maintenance permitted. A non-conforming structure lawfully existing upon the effective date of the Zoning Ordinance may be maintained, except as otherwise provided in this section.
(2) Repairs. A non-conforming structure may be repaired or altered provided no structural change shall be made.
(3) Additions, enlargements or moving.
A. A structure non-conforming as to use, height, yard requirements or lot area per dwelling unit shall not be added to or enlarged in any manner unless such structure, including such addition or enlargement, is made to conform to the use, height, yard and area requirements of the district in which it is located.
B. No non-conforming structure shall be moved in whole or in part to any other location on the lot on which it is located unless every portion of such structure is made to conform to all the requirements of the district in which it is located.
(b) Non-conforming Uses.
(1) Continuation and change of use. Except as otherwise provided in the Zoning Ordinance:
A. A non-conforming use lawfully existing upon the effective date of the Zoning Ordinance may be continued.
B. A non-conforming use may be changed only to a use of the same or more restricted classification.
(2) Expansion Prohibited.
A. A non-conforming use in a structure designed for a conforming use shall not be expanded or extended into any other portion of such conforming structure nor changed except to a conforming use.
B. A non-conforming use on a part of a lot shall not be expanded or extended into any other portion of such lot.
(c) Single Non-Conforming Lots of Record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the Zoning Ordinance notwithstanding limitations imposed by other provisions of the Zoning Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variances of requirements of this Zoning Ordinance other than lot area or lot width shall be obtained only through action of the Planning Commission according to the procedures and requirements of Section 1145.05.
(d) Non-Conforming Lots of Record in Combination. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the Zoning Ordinance and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of the Zoning Ordinance and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by the Zoning Ordinance, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in the Zoning Ordinance.
(e) Non-Conforming Variance Permitted by Planning Commission. The Planning Commission according to the procedures and requirements of Section 1145.05 may authorize upon appeals in specific cases such variance from the terms of this section as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this section shall be observed and substantial justice done; provided, however, that no action shall be taken or decision made except after public hearing.
(f) Any building arranged, intended or designed for a non-conforming use the construction of which has been started at the time of the passage of the Zoning Ordinance, but not completed, may be completed and put into such non-conforming use, provided it is done within one year after the effective date of this Zoning Ordinance.
(g) Discontinuance.
(1) Whenever a non-conforming use has been discontinued for a period of two years such use shall not thereafter be re-established or used except in conformity with the regulations of the district in which it is located.
(2) A non-conforming use which has been damaged by fire, explosion, act of God or the public enemy to the extent of sixty percent (60%) or more of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located. When damaged by less than sixty percent (60%) of its reproduction value, a non- conforming use may be repaired or reconstructed, and used as before the time of damage, provided such repairs or reconstruction are started within one year of the date of such damage.
(3) Any mobile home which is located within the corporate limits of the Village on the effective date of the Zoning Ordinance shall be considered as a non- conforming use unless the mobile home is in a licensed mobile home court. In the event a non-conforming mobile home is removed from a parcel of land, another mobile home shall not replace it unless one of the following occurs: (Ord. 312. Passed 9-26-77.)
A. The replacement occurred within 120 days after the original mobile home was removed. (Ord. 427. Passed 6-28-82.)
B. A conditional use has been granted for the mobile home by the Planning Commission. (Ord. 312. Passed 9-26-77.)