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Kankakee County Unincorporated
City Zoning Code

ARTICLE II

- ADMINISTRATION AND ENFORCEMENT

Sec. 121-35. - Organization.

The administration of this chapter is hereby vested in:

(1)

The planning director, sometimes hereinafter referred to as the director;

(2)

The zoning board of appeals, sometimes hereinafter referred to as the board of appeals;

(3)

The county board, sometimes hereinafter referred to as the county board.

(Zoning Ordinance 1996, §§ 17.01)

Sec. 121-36. - Duties of the planning director.

The planning director or his designee shall:

(1)

Review all applications for permits to erect new buildings or structures, add to, enlarge, or move existing buildings or structures, or install land improvements when no buildings or structures are involved, for compliance with the provisions of this chapter, and shall:

a.

When he finds compliance with the regulations of this chapter, certify to such compliance on all permits required under other ordinances of this county or the statutes of the state.

b.

Issue permits based on applications conforming with the requirements of this chapter when no other permit is required under other ordinances of this county or statutes of the state.

c.

Maintain records of the issuance, denial or certification of all permits applied for.

(2)

Inspect buildings, structures and land improvements for which permits have been issued for compliance with the terms of this chapter or, when a change of use is requested in an existing building, structure, or land improvement, for the purpose of determining whether such change will comply with the terms of this chapter and, after such inspection shall:

a.

Issue permits where he finds compliance with the terms of this chapter.

b.

Maintain records of occupancy permits issued and, where applicable, of violations.

c.

Notify property owners of any violations found after inspection of buildings, structures, and land improvements.

(3)

Decide or make recommendations as this chapter may require, on all other matters upon which the planning director is required to act under this chapter.

(4)

Maintain permanent and current records of matters pertaining to this chapter, including, but not limited to, all maps, amendments, special uses, variations, appeals, applications therefor; and designate on the zoning district map each amendment, special use, and variation with the term of such variation, if any, as may be made or granted subsequent to the adoption of this chapter.

(5)

Provide and maintain public information relative to all matters pertaining to this chapter.

(6)

Issue and certify building permits according to these provisions:

a.

Certification on permits. No permits required by applicable ordinances of this county or statutes of the state shall be issued for the construction of a building, structure or land improvement, or an addition, alteration or moving of an existing building or structure, or alteration of an existing land improvement unless the director certifies that the application, with accompanying plans and specification for such building, structure, or land improvement and the use thereof, conforms with the requirements or regulations of this chapter. When requested by the director, a use requiring compliance with performance standards as herein set for in the industrial district shall have affixed to it a certification of such compliance by a recognized testing laboratory or professional engineer, provided at the cost of the applicant.

b.

Issuance of permits. When a permit is not required by other applicable ordinances of this county or statutes of the state for any improvement or land use requiring conformity with the regulations of this chapter, the director shall examine the application pertaining to such improvement and ensure conformity with the requirements of this chapter.

(7)

Issue and certify occupancy permits according to these provisions:

a.

No land shall be occupied or used in a manner different than that existing on the date of the passage of this chapter, and no building or structure hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the director, stating that the building, structure, or land improvement complies with all the requirements of this chapter. Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, structure, or land improvement or shall require a permit for an existing use except where the director finds the safety of life or property is endangered.

b.

Certificate for occupancy as set forth in subsection (7)a. of this section shall be applied for at the same time as the application for permits as set forth above, and shall be issued after inspection and certification, by the planning director, for conformity with plans and specification filed hereunder.

c.

No occupancy permit for a change of use in an existing building, structure, or land improvement shall be issued until the premises have been inspected and certified by the director to be in compliance with applicable requirements of this chapter and other applicable state and local regulations.

d.

A record of all certificates of occupancy shall be kept on file in the office of the planning director and copies shall be furnished, on request, to any person having a proprietary or leasehold interest in the land, building, or structure affected.

(8)

An application shall be made to the county soil and water conservation district for a natural resource inventory report for any residential, commercial, or industrial building permit when deemed necessary by the planning director. The planning department may not grant a building permit until receipt of such report.

(Zoning Ordinance 1996, § 17.02; Res. No. 2006-04-11-81, § 17.02, 4-11-2006)

Sec. 121-37. - Zoning board of appeals; appeals, variances and amendments.

(a)

Creation. The zoning board of appeals of the county is hereby established in accordance with state laws.

(b)

Membership and term of office.The chairman of the county board shall appoint a zoning board of appeals consisting of seven members which shall be confirmed by a majority vote of the members of the county board present and voting thereon. The members appointed shall be appointed to serve respectively for the following terms: One for one year, one for two years, one for three years, one for four years, and three for five years. Upon the expiration of a member's term, he shall be reappointed or his successor appointed, in the same manner, for a term of five years. One of the members so appointed, shall be named as chairman at the time of his appointment, and in case of vacancy, the chairman of the county board shall designate a chairman of the zoning board of appeals which shall be confirmed by a majority vote of the county board present and voting thereon. All members of the board of appeals shall be residents of separate townships at the time of their appointments. The chairman of the county board shall have the power to remove any member of the board of appeals for cause, after public hearing. Vacancies on the board of appeals shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of new members. The county board may provide for the appointment of successors in the same manner or may allow the board of appeals to revert to a membership of five. One of the members so appointed, shall be named as chairman at the time of his appointment, and in case of vacancy, the chairman of the county board shall designate a chairman of the zoning board of appeals which shall be confirmed by a majority vote of the county board present and voting thereon. The chairman of the county board shall have the power to remove any member of the board of appeals for cause, after public hearing. Vacancies on the board of appeals shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of new members.

(c)

Meetings and rules.

(1)

All meetings of the board of appeals shall be held at the call of the chairman and at such times and places within the county as the board of appeals may determine, but in no case shall more than a period of one month lapse between meetings if there are pending cases. All meetings shall be open to the public. Where a public hearing is required, a notice of the meetings is to be published in a paper of general circulation in the township or road district in which the property is located, or, if a newspaper is not published in that area, in a paper published within the county; the notice is to contain the time and place of the meeting, a statement of the particular purpose of the meeting and a brief description of the location of the property or purposes under consideration at such meeting. Notice to adjoining property owners, by the applicant, shall be given pursuant to state statutes. The board of appeals may require additional notice of the applicant. The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

(2)

The board of appeals shall adopt its own rules of procedure and may require submission of records, plats and other information necessary to make its determinations. A copy of said rules and procedures, and all recommendations thereto shall be filed in the planning office.

(3)

The presence of four board of appeals members at a meeting shall constitute a quorum. No action shall be taken by the board unless a quorum of four members is present.

(4)

The board of appeals shall keep minutes of its proceedings showing the presence or absence and the vote of each member upon every question, or, if absent or failing to vote, indicating such fact and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case and the reasons for granting or denying such application shall be specified. Every rule, regulation and every order, requirement, decision, or determination of the zoning board of appeals shall immediately be filed in the planning office, and shall be of public record.

(5)

The minutes of the zoning board of appeals shall be open to the public examination during normal working hours.

(6)

In the performance of its duties, the board of appeals shall incur such expenditures for such purposes and to such amounts as shall be authorized from time to time by the county board.

(d)

Jurisdiction. The board of appeals is hereby vested with the following jurisdiction and authority: to hear and recommend upon all matters referred to it under the terms of this chapter or applicable state statutes, including but not limited to amendments, special uses, and variances.

(e)

Amendments (map or text).

(1)

To achieve the purposes of this chapter, amendments to this chapter, including the zoning map, may be proposed by any member of the county board, board of appeals, property owner, or interested person, firm or corporation, municipal or private. An application for an Amendment shall be filed with the office of the county clerk in such form and accompanied by such information as required by the board of appeals. Such application shall be forwarded by the county clerk to the secretary of the board of appeals. An application shall be made to the county soil and water conservation district for a natural resource inventory report for any land to be rezoned. These applications will be filed no less than 30 days prior to the zoning hearing. All data generated by the natural resource inventory report will become part of the public record and will be forwarded to the zoning board of appeals and the county board as part of the planning department's staff report.

(2)

The board of appeals shall hold a public hearing on each application for an Amendment. The public hearing shall be conducted and notice given pursuant to state statute. The board of appeals may require additional notice.

(3)

After the close of the hearing on a proposed amendment, the board of appeals shall set forth its findings of fact in a written report and shall submit the same together with its recommendations to the board. The board of appeals shall make findings based upon the evidence presented to it in each specific case, upon, among others, the following matters:

a.

For all districts other than the A2 district:

1.

The proposed amendment is consistent with the purpose and intent of the zoning ordinance.

2.

The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan.

3.

All required utilities, such as water and sanitary facilities, drainage, access to public rights-of-way, recreational facilities, educational facilities, and public safety facilities have been or will be provided, and possess or will possess adequate capacity and/or manpower to accommodate the permitted uses within the zoning classification being requested.

4.

Compatibility with existing uses of property and the zoning classification of property within the general area of the property in question.

5.

The permitted uses in the zoning classification being requested will not substantially increase the level of congestion on public rights-of-way.

6.

The suitability of the subject property for the uses permitted under the existing zoning classification.

7.

The suitability of the subject property for the uses permitted under the proposed zoning classification.

8.

The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification.

9.

The proposed map amendment is within one and a half miles of a municipality. (NOTE: The most restrictive requirement(s) apply)

10.

That the LESA report reflects the suitability of the site for the proposed map amendment requested and uses allowed therein.

b.

For the A2 district:

1.

The proposed amendment is consistent with the purpose and intent of the zoning ordinance.

2.

The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan.

3.

Compatibility with existing uses of property and the zoning classification of property within the general area of the property in question.

4.

The permitted uses in the zoning classification being requested will not substantially increase the level of congestion on public rights-of-way.

5.

The suitability of the subject property for the uses permitted under the existing zoning classification.

6.

The suitability of the subject property for the uses permitted under the proposed zoning classification.

7.

The proposed map amendment is outside of the one and one-half mile jurisdiction of a municipality with an adopted comprehensive plan.

8.

The suitability of the soils on the site must be of the type capable of supporting residential use.

9.

Whether the proposed amendment is in the public interest.

(f)

Special uses.

(1)

Purpose. The development and execution of this chapter is based upon the division of the county into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses, which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories:

a.

Uses affecting, or potentially affecting, the public interest.

b.

Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(2)

Initiation of special use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest which is specifically enforceable, may file an application to use such land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located.

(3)

Hearing. The public hearing shall be conducted and notice provided. The board of appeals may require additional notice. An application shall be made to the county soil and water conservation district for a natural resource inventory report for any special use. These applications will be filed no less than 30 days prior to the zoning hearing. All data generated by the natural resource inventory report will become part of the public record and will be forwarded to the zoning board of appeals and the county board as part of the planning department's staff report.

(4)

Findings of fact and recommendation. The county board may grant or deny any application for a special use permit after receiving the report of findings and the recommendation of the board of appeals. The county board may apply stipulations or additional conditions and guarantees deemed necessary for the protection of the public interest. The board of appeals shall make findings based upon the evidence presented to it in each specific case regarding the following matters:

a.

That the establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

b.

That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

c.

That the establishment of the special use will not substantially impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

d.

That adequate utilities, access roads, drainage, or necessary facilities have been or will be provided;

e.

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and

f.

That the special use will, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the board.

(5)

Revocation. Except for a special use authorization for a public utility service, where a special use has not been physically undertaken within one year after the date of granting thereof, then the authorization granting such special use shall be null and void, unless the grant is extended by the zoning board of appeals after petition therefor. Where a special use permit is granted for a determinate period of time, the special use permit shall be null and void at the end of such period, unless such permit is extended for a like period of time by the committee of the county board having jurisdiction after petition therefor.

(g)

Variances.

(1)

Purpose. In order to provide for the orderly consideration of variations in the application of this chapter, in harmony with its general purpose and intent, but where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations established by this chapter, the procedures of subsection (g)(2) of this section are adopted.

(2)

Instances not covered above. In all cases, variations in the application of this chapter shall be granted only by the county board by ordinance or resolution after considering the findings and recommendations of the board of appeals upon the application therefore.

(3)

Application for variance. No variance of this chapter shall be made until application in writing therefore shall first be filed in the Office of the county clerk of this County. Upon receipt of any such application, the county clerk shall deliver the same to the secretary of the zoning board of appeals who shall notify the chairman of the board of appeals of the receipt thereof. An application shall be made to the county soil and water conservation district for a natural resource inventory report for any variance deemed necessary by the planning director. These applications will be filed no less than 30 days prior to the zoning hearing. All data generated by the natural resource inventory report will become part of the public record and will be forwarded to the zoning board of appeals and the county board as part of the planning department's staff report.

(4)

Findings of fact and recommendation. The county board will not vary the application of the regulations created by this chapter unless the board of appeals shall have made findings, based upon the evidence admitted in each specific case that:

a.

Because of the particular existing use, physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the letter of the regulations were to be carried out;

b.

The conditions upon which a petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property with the same zoning classification;

c.

The granting of the variation will not be detrimental to the public welfare, nor injurious to other property or improvements in the neighborhood in which the property is located;

d.

The proposed variation will not impair an adequate supply of light and air to adjacent property, nor substantially increase the congestion of the public street, nor increase the danger of fire, nor endanger the public safety, nor substantially diminish or impair property values within the neighborhood.

(h)

Appeals from administrative zoning decision. An appeal to the board of appeals may be made by any person, firm or corporation, or by any office, officer, board, commission, or bureau, municipal or otherwise, aggrieved by a decision of the planning director or his staff under this chapter in accordance with the applicable state statutes, and with the following:

(1)

A notice of appeal shall be filed with the county clerk, with a filing fee as stated in section 18-1, within 20 days of the date of the action of the planning director that is being appealed. The planning director shall immediately forward to the hearing officer all materials related to the appeal.

(2)

An appeal stays all the proceedings in furtherance of the action appealed from, unless the planning director certifies to the board of appeals after the notice of appeal has been filed with him, that by reasons of fact stated in the certificate a stay would, in his opinion, cause imminent peril to life or property in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the county board or by a court of record on application, on notice to the board of appeals and on due cause shown.

(3)

A reasonable time shall be set for the hearing of any appeal and due notice shall be given pursuant to state statute.

(4)

The board of appeals shall make findings of fact and may reverse or affirm wholly or partly or may modify or amend the order, requirement, decision, or determination appealed.

(i)

Appeals of administrative decisions of the board of appeals. All final administrative decisions of the board of appeals hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law (735 ILCS 5/3-101 et seq.) and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure (735 ILCS 5/3-101).

(Zoning Ordinance 1996, § 17.03; Res. No. 2006-04-11-81, § 17.03, 4-11-2006; Res. No. 2023-05-09-127, § 3(Exh. A), 5-9-2023)

State Law reference— Board of appeals, 55 ILCS 5/5-12010 et seq.; amendments, 55 ILCS 5/5-12014.

Sec. 121-38. - Fees.

(a)

Variance, amendment, special use, etc. An application for a variation, amendment, or special use shall be filed with the Office of the county clerk, accompanied by a fee payable to the county treasurer, which shall be assessed according to section 18-1. In addition, the applicant shall pay for the cost of publication of the legal notice therein.

(b)

Reasonable accommodation.. A waiver of the aforesaid fees shall be entertained by the zoning board of appeals and may be waived by the county board upon written verified application submitted prior by an indigent or disabled applicant to or contemporaneously with the substantive petition. The application for waiver of fees shall be treated as confidential, made under oath and set forth all factual reason why the fees should be waived. The ZBA shall hold a hearing and take evidence on said application, and shall make findings as to its decision. In considering such an application for waiver, the committee or board shall consider, and make findings on at least the following criteria:

(1)

The amount of the fees imposed;

(2)

The relationship between the amount of fees and overall cost of project or improvement;

(3)

The importance of fees to the county's overall revenues;

(4)

The importance of the fee waiver to the applicant; and

(5)

The ability of the applicant or a person legally responsible for the care of a disabled individual to pay the fees.

(Zoning Ordinance 1996, § 17.04; Ord. No. 02-06-11-550, § 17.04, 6-11-2002)

Sec. 121-39. - Nonconforming lots, buildings, structures and uses.

(a)

Purpose. The purpose of this section is to provide for the regulation of non-conforming lots, buildings, structures, and uses and to specify those circumstances and conditions under which such non-conforming buildings, structures, and uses may be continued and/or redeveloped.

(b)

General provisions.

(1)

Status. Any lawfully established use, building, structure, or lot, on the effective date of the ordinance from which this section is derived or of amendments thereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

(2)

Single-family dwelling. In an agricultural or residence district, a single-family detached dwelling may be erected upon a lot of record lawfully existing on the effective date of the ordinance from which this section is derived even though such lot does not conform to the area and width requirements for the district in which such lot is located; provided, that there is compliance with all other regulations contained in this chapter and other applicable ordinances of the county. Said lot and single-family dwelling shall be considered a legal conforming use.

(3)

Manufactured home. In an A1, agriculture district, a mobile-type manufactured home may be erected upon a lot of record lawfully existing on the effective date of this chapter even though such lot does not conform to the area and width requirements of the A1 district; provided, that there is compliance with all other regulations contained in this chapter and other applicable ordinances of the county. Said mobile-type manufactured home shall be considered a legal conforming use. The mobile-type manufactured homes shall be placed on a continuous footing and foundation, in accordance with the county building code, or on a pier system, approved by the planning department, which supports the exterior walls of the structure and the center beam. The approved pier system shall extend below the frost line. The residential structures shall conform to the R1 district as it relates to lot coverage, height, setbacks, and FAR. A lot of record existing on the effective date of the ordinance from which this section is derived referred to above shall be as follows:

a.

In agricultural and residence districts, a lot, parcel or tract of land which was legally recorded in the office of the recorder of deeds prior to the effective date of the ordinance from which this section is derived; and

b.

In residence districts, a lot in a subdivision which was so recorded after the effective date of this chapter; provided a final plat had been submitted and approved by the county board prior to such effective date and was thereafter recorded in the office of the recorder of deeds within the time period required by the subdivision regulations ordinance of this county.

(4)

Continuation of use. A nonconforming building or structure shall not be enlarged upon, expanded or extended in any manner unless the alteration conforms with the regulations of the district within which it is located. Any nonconforming building or structure is eligible for nonstructural repairs including the replacement of roof covering, veneering or outer walls and incidental repairs, which do not extend or intensity the nonconformities.

a.

Repairs and alterations may be made to return a building or structure to a safe condition in accordance with an order by a public official who is charged with protecting the public safety and who declares such building or structure to be unsafe and orders its restoration to a safe condition, provided that such restorations does not violate the provisions of this section.

b.

A building containing a nonconforming residential use on a lot of record may be altered to improve the livability of the building, provided that no structural alteration shall be made which would increase the number of dwelling units in the building. The residential structure shall comply with the R-1 district as it relates to lot coverage, building height, setbacks, and FAR.

(5)

Permit issued prior to ordinance. Any building for which a permit has been lawfully granted prior to the effective date of the ordinance from which this chapter is derived or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within 90 days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

(6)

Scope. Any lawfully existing building or structure which does not conform with the regulations of the district in which it is located shall be subject to the provisions of this subsection.

(c)

Nonconforming use of conforming buildings or structures. Any nonconforming use of a building or structure existing lawfully on the effective date of this ordinance and which remains nonconforming, and any building or structure rendered nonconforming by the adoption of this ordinance, or by any subsequent amendment thereto, may be continued subject to the regulations that follow. The burden of establishing that any nonconformity is a legal non-conformity as defined by this ordinance shall, in all cases, be the responsibility of the owner or user of the nonconformity.

(1)

Structural alterations, additions, and enlargements. Additions or enlargements may be made only to make the building or structure conform to the regulations of the district in which it is located.

a.

No building or structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by the nonconforming use.

b.

No building or structure, which is considered nonconforming with respect to this section, shall be altered or expanded in any manner, which would increase the degree or extent of the nonconformity.

(2)

Additions and enlargements. Except for required yards, any nonconforming building or structure, which is nonconforming as to bulk regulations only, and is designed or intended for a use permitted in the district, shall not be added to or enlarged in any manner unless such additions or enlargements thereto conform to all the regulations of the district where such building or structure is located, and unless such non-conforming building or structure, including all additions or enlargements thereto, shall conform to the following:

a.

Regulations concerning the amount of lot area per dwelling unit, as provided in this section.

b.

The allowable floor area ratio or permitted height as provided in this section.

c.

The allowable gross floor area per building or structure as provided in this section.

d.

That no required yard shall be encroached upon where such required yard is already nonconforming.

(3)

Relocation of buildings or structures. No nonconforming building or structure shall be moved in whole or in part to any other location on the same or any zoning lot unless every portion of such building or structure, and the use thereof, conforms to all of the regulations of the district where it is to be relocated.

(4)

Restoration of damaged buildings non-conforming buildings or structures.

a.

A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration for the above ground portion of the building or structure to the condition it was before the occurrence exceeds 60 percent or more of its replacement value at that time, shall not be restored unless the building or structure shall conform to all of the regulations of the district where it is located.

b.

In the event such damage or destruction is less than 60 percent of the replacement value at the time of replacement, no repairs or reconstruction shall be made unless such restoration is started with one year from the date of partial destruction and is completed within one year thereafter.

c.

If the restoration is not started within one year the building or structure shall be removed and the area cleared by the owner.

d.

Any owner occupied mobile-type manufactured home, whether on owned or leased property, may be replaced by the owner for their living arrangements if it is destroyed or damaged by fire or other casualty or act of God. The owner of the mobile-type manufactured home must have title to the replacement mobile-type manufactured home. The replacement home shall be placed on a permanent-type footing and foundation. The replacement home shall not be of less square-footage or older than the home it replaces. This does not apply to mobile-type homes used for agricultural purposes.

(d)

Nonconforming use of land. The nonconforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principle use of land, may be continued subject to the following provisions:

(1)

Expansion. A nonconforming use of land shall not be expanded or extended beyond the area included in the ownership existing at the time the use of land became nonconforming.

(2)

Discontinuance. If the nonconforming use of land is discontinued for a period of one year, it shall not thereafter be renewed and any subsequent use of land shall conform to the regulations of the district in which the land is located.

(3)

Change of use. The nonconforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.

(Zoning Ordinance 1996, §§ 16.00—16.04; Res. No. 99-5-11-075, § V, 5-11-1999; Res. No. 2006-04-11-81, §§ 16.01—16.04, 4-11-2006)