Freeport City Zoning Code

155.900 NONCONFORMITIES

AND ENFORCEMENT

§ 155.901 NONCONFORMITIES

(A)

Generally. Nonconformities are the lots, structures, and uses of land which were lawful before this Chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Chapter or any future amendment.

(B)

Purpose. It is the intent of this Chapter to permit nonconformities to continue until they are removed, but not to encourage their survival.

(C)

Safe Building Conditions. Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any City Official whose responsibilities are directly involved with protecting public safety.

(D)

Nonconforming Uses.

(1)
No Changes to Other Nonconforming Use. A nonconforming use shall not be changed to another nonconforming use.
(2)
No Movement on Lot. A nonconforming use shall not be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption of this Chapter.
(3)
Cessation of Use. If any nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district in which such land is located.
(4)
Transfer of Ownership. Change in ownership does not affect the new owner’s ability to continue a nonconforming use provided that the new owner is in compliance with this Section.
(5)
Repairs and Maintenance. Any and all necessary repairs and maintenance work on any structure that is nonconforming that houses a nonconforming use is permitted provided that the repairs and construction work completed on said structure complies with Chapter 150, Building Regulations.

(E)

Nonconforming Structures. Where a lawful structure (includes buildings) exists at the effective date of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristic of the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)
Increase in Nonconformity Prohibited. No such structure may be enlarged or altered in any way which increases its non-conformity.
(2)
Movement of Structure. Should such structure be moved for any reason for any distance it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(3)
Effect of Destruction. Should such structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with provisions of this Chapter.

(F)

Nonconforming Lots.

(1)
Generally. Nonconforming lots are lots that were lawfully created before the effective date of this Chapter, but which no longer comply with the lot width, lot area, or other lot requirements of this Chapter.
(2)
Combination of Lots to Increase Conformity.
1. (a)
  Combination. Where a property owner owns more than one abutting nonconforming lot, the lots shall be combined to create fully conforming lots prior to any other development application submittal for the property. Or, if full conformity is not possible, they shall be combined if the combination will increase the degree of conformity.
2. (b)
  No Combination. A property owner is not required to combine lots pursuant to Paragraph B.1, above, if:
  1. (i)
    The combination of lots would not address the nonconformity;
  2. (ii)
    The combination of lots would disrupt the lotting pattern of the street, for example, by creating an internal through on a street segment that does not include any other through lots;
  3. (iii)
    Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be torn down or the property undergo a Zoning Map Amendment in order to comply with this UDC; or
  4. (iv)
    The combination of lots would result in regularly shaped lots being combined into a single lot with an irregular shape, such as a flag lot.

Effective on: 1/10/2022

§ 155.902 VIOLATIONS.

(A)

Complaints. Any person may file a written complaint to the Administrator when a violation of this Chapter is suspected to have occurred. The Administrator shall record the complaint, immediately investigate and take action as provided in §155.903, Penalty.

(B)
Notice of Violation.
1. (1)
  Mailed Notice. The Administrator shall send a violation notice by certified mail, postage pre-paid, return receipt requested, to the property owner on which the violation is taking place.
2. (2)
  Notice Contents. The notice shall contain the violation description, address or location of property, date of noticed infraction, steps to correct the violation, and the deadline to correct the infraction.
(C)
Timeframe for Violation to be Corrected. Failure to correct the violation within 15 business days from the date of mailing the letter shall constitute an offense.
(D)
Correction. Correction of the violation in the manner stipulated by the mailed violation notice at any point during this enforcement process shall deem the notice null and void, and enforcement activity shall cease.

Effective on: 1/10/2022

§ 155.903 PENALTY.

(A)

Misdemeanor Offense. Violation of the provisions of this Chapter or failure to comply with any of its requirements shall constitute a misdemeanor.

(B)

Punishment. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction, be fined not more than $2,000 and also, shall pay all costs and expenses involved in the case. See City Code § 10.99, General Penalty.

(C)

Successive Days. Each day such violation continues shall be considered as a separate offense.

(D)

Associated Parties. The owner or tenant of any full or partial building, structure, premises and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this Section.

(E)

Other Necessary Action. Nothing provided in this Section shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

Effective on: 1/10/2022

Freeport City Zoning Code

155.900 NONCONFORMITIES

AND ENFORCEMENT

§ 155.901 NONCONFORMITIES

(A)

(B)

Purpose. It is the intent of this Chapter to permit nonconformities to continue until they are removed, but not to encourage their survival.

(C)

(D)

Nonconforming Uses.

(1)
No Changes to Other Nonconforming Use. A nonconforming use shall not be changed to another nonconforming use.
(2)
No Movement on Lot. A nonconforming use shall not be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption of this Chapter.
(3)
Cessation of Use. If any nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district in which such land is located.
(4)
Transfer of Ownership. Change in ownership does not affect the new owner’s ability to continue a nonconforming use provided that the new owner is in compliance with this Section.
(5)
Repairs and Maintenance. Any and all necessary repairs and maintenance work on any structure that is nonconforming that houses a nonconforming use is permitted provided that the repairs and construction work completed on said structure complies with Chapter 150, Building Regulations.

(E)

(1)
Increase in Nonconformity Prohibited. No such structure may be enlarged or altered in any way which increases its non-conformity.
(2)
Movement of Structure. Should such structure be moved for any reason for any distance it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(3)
Effect of Destruction. Should such structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with provisions of this Chapter.

(F)

Nonconforming Lots.

(1)
Generally. Nonconforming lots are lots that were lawfully created before the effective date of this Chapter, but which no longer comply with the lot width, lot area, or other lot requirements of this Chapter.
(2)
Combination of Lots to Increase Conformity.
1. (a)
  Combination. Where a property owner owns more than one abutting nonconforming lot, the lots shall be combined to create fully conforming lots prior to any other development application submittal for the property. Or, if full conformity is not possible, they shall be combined if the combination will increase the degree of conformity.
2. (b)
  No Combination. A property owner is not required to combine lots pursuant to Paragraph B.1, above, if:
  1. (i)
    The combination of lots would not address the nonconformity;
  2. (ii)
    The combination of lots would disrupt the lotting pattern of the street, for example, by creating an internal through on a street segment that does not include any other through lots;
  3. (iii)
    Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be torn down or the property undergo a Zoning Map Amendment in order to comply with this UDC; or
  4. (iv)
    The combination of lots would result in regularly shaped lots being combined into a single lot with an irregular shape, such as a flag lot.

Effective on: 1/10/2022

§ 155.902 VIOLATIONS.

(A)

(B)
Notice of Violation.
1. (1)
  Mailed Notice. The Administrator shall send a violation notice by certified mail, postage pre-paid, return receipt requested, to the property owner on which the violation is taking place.
2. (2)
  Notice Contents. The notice shall contain the violation description, address or location of property, date of noticed infraction, steps to correct the violation, and the deadline to correct the infraction.
(C)
Timeframe for Violation to be Corrected. Failure to correct the violation within 15 business days from the date of mailing the letter shall constitute an offense.
(D)
Correction. Correction of the violation in the manner stipulated by the mailed violation notice at any point during this enforcement process shall deem the notice null and void, and enforcement activity shall cease.

Effective on: 1/10/2022

§ 155.903 PENALTY.

(A)

Misdemeanor Offense. Violation of the provisions of this Chapter or failure to comply with any of its requirements shall constitute a misdemeanor.

(B)

(C)

Successive Days. Each day such violation continues shall be considered as a separate offense.

(D)

(E)

Other Necessary Action. Nothing provided in this Section shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

Effective on: 1/10/2022

Freeport City Zoning Code

155.900 NONCONFORMITIES

AND ENFORCEMENT

§ 155.901 NONCONFORMITIES

(A)

(B)

Purpose. It is the intent of this Chapter to permit nonconformities to continue until they are removed, but not to encourage their survival.

(C)

(D)

Nonconforming Uses.

(1)
No Changes to Other Nonconforming Use. A nonconforming use shall not be changed to another nonconforming use.
(2)
No Movement on Lot. A nonconforming use shall not be moved in whole or in part to any other portion of the lot occupied by such use at the effective date of adoption of this Chapter.
(3)
Cessation of Use. If any nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this Chapter for the district in which such land is located.
(4)
Transfer of Ownership. Change in ownership does not affect the new owner’s ability to continue a nonconforming use provided that the new owner is in compliance with this Section.
(5)
Repairs and Maintenance. Any and all necessary repairs and maintenance work on any structure that is nonconforming that houses a nonconforming use is permitted provided that the repairs and construction work completed on said structure complies with Chapter 150, Building Regulations.

(E)

(1)
Increase in Nonconformity Prohibited. No such structure may be enlarged or altered in any way which increases its non-conformity.
(2)
Movement of Structure. Should such structure be moved for any reason for any distance it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(3)
Effect of Destruction. Should such structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with provisions of this Chapter.

(F)

Nonconforming Lots.

(1)
Generally. Nonconforming lots are lots that were lawfully created before the effective date of this Chapter, but which no longer comply with the lot width, lot area, or other lot requirements of this Chapter.
(2)
Combination of Lots to Increase Conformity.
1. (a)
  Combination. Where a property owner owns more than one abutting nonconforming lot, the lots shall be combined to create fully conforming lots prior to any other development application submittal for the property. Or, if full conformity is not possible, they shall be combined if the combination will increase the degree of conformity.
2. (b)
  No Combination. A property owner is not required to combine lots pursuant to Paragraph B.1, above, if:
  1. (i)
    The combination of lots would not address the nonconformity;
  2. (ii)
    The combination of lots would disrupt the lotting pattern of the street, for example, by creating an internal through on a street segment that does not include any other through lots;
  3. (iii)
    Two or more of the lots are developed with principal buildings, and the combination of lots would require that one or more of the buildings be torn down or the property undergo a Zoning Map Amendment in order to comply with this UDC; or
  4. (iv)
    The combination of lots would result in regularly shaped lots being combined into a single lot with an irregular shape, such as a flag lot.

Effective on: 1/10/2022

§ 155.902 VIOLATIONS.

(A)

(B)
Notice of Violation.
1. (1)
  Mailed Notice. The Administrator shall send a violation notice by certified mail, postage pre-paid, return receipt requested, to the property owner on which the violation is taking place.
2. (2)
  Notice Contents. The notice shall contain the violation description, address or location of property, date of noticed infraction, steps to correct the violation, and the deadline to correct the infraction.
(C)
Timeframe for Violation to be Corrected. Failure to correct the violation within 15 business days from the date of mailing the letter shall constitute an offense.
(D)
Correction. Correction of the violation in the manner stipulated by the mailed violation notice at any point during this enforcement process shall deem the notice null and void, and enforcement activity shall cease.

Effective on: 1/10/2022

§ 155.903 PENALTY.

(A)

Misdemeanor Offense. Violation of the provisions of this Chapter or failure to comply with any of its requirements shall constitute a misdemeanor.

(B)

(C)

Successive Days. Each day such violation continues shall be considered as a separate offense.

(D)

(E)

Other Necessary Action. Nothing provided in this Section shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

Effective on: 1/10/2022