Freeport City Zoning Code
ARTICLE III
Nonconforming Buildings and Uses
§ 210-17 Continuance of use; scope.
The lawful use of any building or land existing on the effective date hereof may be continued even though such use does not conform to the provisions of this chapter. The following rules shall be observed as to nonconforming structures and nonconforming uses.
§ 210-18 Restoration of unsafe structure.
Any structure or portion thereof declared unsafe by a proper official authority may be restored to a safe condition.
§ 210-19 Structural alteration.
A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the fair value of the building unless said building is changed to a conforming use.
§ 210-20 Restoration of damaged building.
No building damaged by fire, explosion, act of God or act of the public enemy to the extent of more than 60% of its fair value, exclusive of the foundation, shall be restored or rebuilt.
§ 210-21 Permissible extensions of use.
[Amended 11-30-1992 by L.L. No. 10-1992]
A.
A nonconforming use and, except as provided in Subsection B, a nonconforming building shall not be extended, but the extension of such a use to any portion of a nonconforming building which existed prior to the effective date hereof shall not be deemed an extension of such nonconforming use. No nonconforming use, however, shall be extended to displace a conforming use.
§ 210-22 Existing building permits.
Nothing herein contained shall require any change in plans, structure or designated use of a building for which a building permit has been heretofore issued, and the construction of which shall have been diligently prosecuted within 60 days of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within four months of the date of the permit, and which entire building shall be completed according to such plans as filed within 12 months from the effective date hereof.
§ 210-23 Discontinuance of nonconforming uses.
A.
Generally. Whenever a nonconforming use has been discontinued, abandoned or not used for a continuous period of one year or more, such use shall not thereafter be reestablished, and future use shall be in conformity with the provisions of this chapter.
B.
Dwellings. Whenever a frame building or structure heretofore partially or wholly used or occupied as a dwelling is to be converted or used for commercial purposes, it shall first be made to comply with the provisions of the Building Code and fire prevention regulations of the Village as applied to commercial buildings.[1]
C.
Commercial buildings. When a frame building or structure located in a business or lesser restricted area and heretofore used for a commercial use has not been occupied for a period of at least 12 consecutive months, such building or structure shall not again be occupied or used for a commercial use unless it shall be made to comply with the provisions of the Building Code and fire prevention regulations of the Village as applied to commercial buildings.[2]
§ 210-24 Changes to conforming uses.
Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
§ 210-25 Certain uses to be discontinued.
[Amended 8-29-1977 by L.L. No. 14-1977]
Notwithstanding any other provisions of this chapter, any automobile wrecking yard or other junkyard or any billboard, nonconforming sign or advertising structure in existence in any residence, Business A, Business B, Service Business SB or Planned Unit Development District on the effective date hereof shall, at the expiration of two years, become a prohibited and unlawful use and shall be discontinued.
§ 210-26 Change in district boundaries.
Whenever the boundaries of a district shall be changed so as to change an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming use or building existing therein.
§ 210-27 Permitted uses.
[Added 11-22-1971]
The following regulations shall apply to all zoning districts within the Incorporated Village of Freeport notwithstanding any other provisions of this Code of ordinances. The following uses are permitted in zoning districts to the extent as set forth herein:
A.
The rental of not more than one room for lodging or boarding purposes in any one dwelling unit to not more than one person; provided, however, that such person does not have separate cooking facilities and is not permitted and does not do independent cooking on the premises, which said room and occupancy thereof must comply in all respects with the provisions of Chapter 128, Housing Standards.
B.
The use as permitted in Subsection A hereof, to wit, the rental of not more than one room for lodging or boarding purposes in any one dwelling unit to not more than one person, shall automatically expire and terminate on August 1, 1974, except by special exception of the Board of Zoning Appeals as set forth in Subsection C hereof. Any transfer of title to the property prior to August 1, 1974, shall also automatically terminate such use except by special exception of the Board of Zoning Appeals as set forth in Subsection C hereof.
C.
Upon application of the property owner, a special exception may be granted by the Board of Zoning Appeals to continue the rental of not more than one room for lodging or boarding purposes in any one dwelling unit to not more than one person where it can be shown to the satisfaction of the Board that irreparable harm will be done to the owner as a result of such termination. A condition precedent to the Board's granting this exception is that the owner must be living in the dwelling. This special exception, if granted by the Board of Zoning Appeals, shall only be for a period of two years and may be renewed upon new application of the owner.