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Hodgkins City Zoning Code

CHAPTER 11

NONCONFORMING LAND, STRUCTURES AND USES

10-11-1: EXISTING NONCONFORMANCES:

The lawful use of land or buildings existing at the effective date hereof may continue, although such use does not conform to the regulations specified by this Title for the Zone in which such land or buildings are located, subject to the following conditions, specifications, and exceptions:
   A.   Any nonconforming use of land or building, which has ceased by discontinuance or abandonment for a period of twelve (12) months, shall thereafter conform to this Title.
   B.   In the event that a nonconforming building has been damaged by fire, explosion, an act of God, or by a public enemy, or any other cause to any extent up to and including one hundred percent (100%) of its assessed valuation, the landowner or owners shall have two (2) years in which such structure may be restored to the same nonconforming use as existed before such damage. The Zoning Committee shall issue a letter of noncompliance to the nonconforming use property owner(s) setting forth the provisions of this subsection.
   C.   No nonconforming use of a building may be moved to any other part or parcel of land upon which same was conducted at the effective date hereof.
   D.   A nonconforming use of land shall be permitted on any land where the owner, contract or option purchaser, or lessee, shall:
      1.   Have a nonconforming use; and
      2.   Be an owner, contract, or option purchaser, or lessee, at the effective date hereof; provided, however, that such additional nonconforming use of land shall not exceed fifty percent (50%) of the land contiguous therewith for which there is a nonconforming use.
   E.   The use of a nonconforming building may be changed only to a use conforming to the Zone District in which the property is located except as amended in Chapter 9, "Special Use S Zone(s), of this Title.
   F.   Any nonconforming use in an LM (except where used as R or R-2), HM, or CA Zone which, by reason of the nonconforming use of the area, reduces the off street parking requirements, shall be made to conform with this Title.
   G.   Any nonconforming use of the occupancy requirements shall conform with this Title.
   H.   Any nonconforming use in any Zone which does not comply with the paving of a driveway and parking lot or area used by vehicles, shall conform with this Title.
   I.   Any nonconforming use in any Zone, which use is prohibited by law or subsequently prohibited by law, shall immediately conform. (1985 Code § 9-11-1; amd. Ord. 87-11, 9-14-1987; 2016 Code; Ord. 22-04, 4-11-2022)

10-11-2: CONTINUANCE OF EXISTING USES:

Nothing herein shall prevent the continuance of the present occupancy or lawful use of any existing building or use of land, except as may be necessary for the safety of life and property and except as specifically provided and made to conform in this Title. (1985 Code § 9-11-2; amd. Ord. 22-04, 4-11-2022)