The purpose of this chapter is to provide for the regulation of nonconforming lots of record, structures, and uses. (Ord. 2009-3, 5-12-2009)

Any lawfully existing lot, building, structure, or use which does not conform with the regulations of the district in which it is located shall be subject to the provisions of this chapter. (Ord. 2009-3, 5-12-2009)

Nonconformities are of three (3) types: nonconforming lots of record, nonconforming structures and nonconforming uses. A definition of each type is as follows:

NONCONFORMING LOT OF RECORD: A legally established lot which does not conform with the minimum lot size, lot width, or lot depth requirements of this title.

NONCONFORMING STRUCTURE: An existing structure which does not comply with the height or yard requirements which are applicable to new structures in the zoning district in which it is located.

NONCONFORMING USE: An existing use which does not comply with the use regulations of the zoning district in which it is located. (Ord. 2009-3, 5-12-2009)

The zoning administrator shall issue a zoning certificate for a structure or building on a nonconforming lot of record, provided that the zoning administrator finds that:

   A.   Said lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations, and

   B.   Said lot has remained in separate and individual ownership from adjoining tracts of and continuously during the entire time that conformance of such lot has been in nonconformance, and

   C.   Said structure or building can meet all yard regulations for the district in which it is located, and

   D.   Said lot can meet the minimum standards for an on site sewage treatment as required by the Jo Daviess County health department or can be served by a public sanitary sewerage system. (Ord. 2009-3, 5-12-2009)

   A.   Authority To Continue: Any nonconforming structure which is devoted to a use which is permitted in the zoning district in which it is located may be occupied, so long as it remains otherwise lawful. (Ord. 2009-3, 5-12-2009)

   B.   Enlargement, Repair, Alterations:

      1.   Any nonconforming structure may be enlarged, maintained, repaired or remodeled; provided, however, no such enlargement, maintenance, repair or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure, except as provided in subsection B2 of this section; provided further, existing manufactured home parks not meeting the requirements of this title shall be declared nonconforming and shall not be permitted to add spaces or make any improvements inconsistent with the terms and conditions of this title. Ordinary repairs and alterations shall be determined by the zoning administrator and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires such replacement.

      2.   An addition to a lawfully existing nonconforming building or structure that would not meet the strict letter of this title but would not extend farther than the original building or structure into any required setback(s) of the zoning lot that the original building or structure is located may be permitted. Before issuing a permit for an addition to be constructed under this subsection, a notice of the intent to issue such a permit shall be sent by certified mail (to be paid for by the applicant) to all adjoining landowners and any affected highway authority. If any adjoining landowner or affected highway authority files a written objection with the zoning administrator within fifteen (15) days of receipt of such notice, a permit shall not be issued. The applicant may, however, proceed with an application for a variation as set forth in chapter 2, article C of this title. (Ord. 2012-3, 2-14-2012)

   C.   Damage Or Destruction: In the event that a nonconforming building or structure is damaged or destroyed by any means, such building or structure may be restored or reconstructed, providing such restoration is on the existing footing of such buildings or structures. If such restoration or reconstruction is not on the existing footing, then such building shall not be restored unless it shall thereafter conform to the regulations for the district in which it is located. No repairs or restoration shall be made unless a building permit is obtained, and restoration is actually begun within one year after the date of damage or destruction and is diligently pursued to completion.

   D.   Moving: No nonconforming structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

   E.   Conforming Uses:

      1.   A conforming use located in a nonconforming structure may be expanded within the nonconforming structure in which said use is presently located, but no changes or structural alterations shall be made unless such changes or structural alterations conform to all the regulations of the district in which the nonconforming structure is located.

      2.   A nonconforming use of a nonconforming structure may be changed to a conforming use in the district in which the nonconforming structure is located. (Ord. 2009-3, 5-12-2009)

   F.   Manufactured/Mobile Home: When a manufactured/mobile home, legally existed on a parcel of land zoned RP planned residential as of April 10, 2006, and remains as of the date of this amendment, it may be replaced with a manufactured home that is no more than fifteen (15) years old. Said manufactured home must comply with all waste disposal requirements and conform to the setback requirements set forth in section 8-3H-7 of this title, and with all other applicable regulations as adopted by the county of Jo Daviess. When a manufactured/mobile home is moved off of the lot, a building permit shall be obtained and it shall be replaced within twenty four (24) months. If it is not replaced within the above stated time, any structure thereafter shall conform to the RP district regulations.

      1.   Manufactured/mobile homes that were in place as of April 10, 2006, but had been moved off the premises prior to April 11, 2011, may be replaced within twenty four (24) months of the adoption of this subsection F. Said manufactured home must comply with all waste disposal requirements and conform to the setback requirements set forth in section 8-3H-7 of this title, and with all other applicable regulations as adopted by the county of Jo Daviess. If not replaced within the twenty four (24) months' time, any structure thereafter shall conform to the RP district regulations. (Ord. 2011-3, 4-11-2011)

   A.   Authority To Continue: Nonconforming uses may be allowed to continue except as such uses may be limited or eliminated by the provisions of this section.

   B.   Ordinary Repair And Maintenance:

      1.   Normal maintenance and incidental repair, or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use.

      2.   Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.

      3.   Ordinary repairs and alterations shall be determined by the zoning administrator and shall include, among other things, the replacement of storage tanks where the safety of operation of the installation requires such replacement.

   C.   Extension: A nonconforming use shall not be extended, expanded, enlarged, or increased in intensity. Such prohibited activities shall include, without being limited to:

      1.   Extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become nonconforming).

      2.   Extension of such use within a structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of these regulations (or on the effective date of subsequent amendments hereto that cause such use to become nonconforming); provided, however, that such use may be extended throughout any part of such structure that was lawfully and manifestly designed or arranged for such use on such effective date.

   D.   Enlargement: No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

   E.   Structural Alterations: No structural alterations shall be made in or to such building or structure all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law.

   F.   Damage Or Destruction: In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, such use may be reestablished or resumed, only if the restoration or reconstruction of the structure is in compliance with subsection 8-6-5C of this chapter and the use must be reestablished or resumed within twelve (12) months of the structure being damaged or destroyed. If the nonconforming use is not reestablished or resumed within twelve (12) months, then such use shall thereafter conform to the regulation for the district in which it is located.

   G.   Moving: No structure that is devoted in whole or in part to a nonconforming use and nonconforming use of land shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

   H.   Change In Use: No nonconforming use shall 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 permitted use.

   I.   Abandonment Or Discontinuance: When a nonconforming use is discontinued or abandoned for a period of twenty-four (24) consecutive months, such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

   J.   Nonconforming Accessory Uses: No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate. (Ord. 2009-3, 5-12-2009; Ord. O2021-4, 8-10-2021)