Le Roy City Zoning Code
CHAPTER 10
10 Nonconformities
§ 10-10-1 Purpose.
[1975 Code § 21.05; amended by 2003 Code]
It is the purpose of this chapter to provide for the regulation of nonconforming uses, buildings and structures. It is not the purpose of this chapter to deprive the owner of any existing property of its use or maintenance for the purpose to which it is lawfully devoted at the time of the adoption of this title, but to provide for the gradual elimination of uses, buildings and structures which are incompatible with the character of the districts in which they are located, in accordance with the authority granted by 65 Illinois Compiled Statutes 5/11-13-1.
§ 10-10-2 Authority To Continue Nonconformities.
[1975 Code § 21.05; amended by 2003 Code; 1-15-2024 by Ord. No. 24-01-01-51]
A.
Nonconforming Buildings, Structures and Uses Generally. Any nonconforming building, structure or use which exists lawfully at the time of the adoption of this title and which remains nonconforming and any such building, structure or use which shall become nonconforming upon the adoption of this title or of any subsequent amendment hereto, may be continued in accordance with the regulations of this chapter.
B.
Nonconforming Uses of Land. Where, on the effective date of this title or any amendment hereto, a lawful use of land exists that is no longer permissible under the regulations and standards of this title as adopted or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
1.
No such nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date hereof or amendment hereto.
2.
No such nonconforming use of land shall be moved in whole or in part to any other portion of the lot or tract of land occupied on the effective date hereof or amendment hereto.
3.
If any such nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, any subsequent use of such land shall conform to the resolutions and standards set by this title for the district in which such land is located.
C.
Nonconforming Structures. Where, on the effective date hereof or amendment hereto, a lawful structure exists that could not be built under the regulations and standards of this chapter as adopted or amended, by reasons of restrictions on lot area, lot coverage, height, yards, spacing between buildings, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
No such structure may be enlarged or altered in a way which increases its nonconformity.
2.
Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. Further provided, nonconforming single-family structures are exempt from the regulations regarding damage and destruction of nonconforming uses and can be rebuilt as a legally nonconforming use if any amount of damage occurs.
3.
Should any such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations and standards for the district in which it is located after it is moved.
D.
Nonconforming Uses of Structures and Premises. Where, on the effective date hereof or amendment hereto, a lawful use of a structure or of a premises exists that is no longer permissible under the regulations and standards of this title as adopted or amended, such use may be continued so long as it remains otherwise lawful subject to the following provisions:
1.
An existing structure devoted to a use not permitted by this title in the district in which it is located shall not be enlarged, extended, constructed, reconstructed, moved, or altered except in changing the use of such structure to a use permitted in the district in which it is located.
2.
Any nonconforming use may be extended throughout any parts of the building or structure which were manifestly arranged or designed for such use at the effective date hereof or amendment hereto, but no such use shall be extended to occupy land outside of such structure.
3.
If no structural alterations are made, any nonconforming use of a structure or of a premises may be changed to another nonconforming use; provided, that the zoning board of appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board of appeals may require appropriate conditions and safeguards in accord with the provisions of this title.
4.
Any structure or premises in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations and standards of the district in which such structure or premises is located, and the nonconforming use shall not be resumed.
5.
When a nonconforming use of a building or structure or of a premises is discontinued or abandoned for 12 consecutive months, the structure or the premises shall not thereafter be used except in conformance with the regulations and standards of the district in which it is located.
6.
Where nonconforming use status applies to a premises, removal or destruction of the structure shall eliminate the nonconforming use status of the land, except as it may qualify as a nonconforming lot of record.
§ 10-10-3 Nonconforming Signs.
[1975 Code § 21.05]
A.
Application Of Provisions:
1.
Signs which were constructed in compliance with previous regulations, but which do not conform to the provisions of this title at the effective date hereof or hereafter, shall be regarded as nonconforming signs.
2.
All roof signs shall be considered nonconforming signs and subject to the provisions herein.
B.
Restrictions: A nonconforming sign may not be:
1.
Changed to another nonconforming sign;
2.
Structurally altered unless approved by the code compliance officer;
[Amended by 2003 Code]
3.
Expanded;
4.
Reestablished after its discontinuance for 90 days; or
5.
Reestablished after damage or destruction if the estimated expense of reconstruction exceeds 50% of appraised replacement cost.
§ 10-10-4 Repairs And Maintenance.
[1975 Code § 21.05; amended by 2003 Code]
Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
§ 10-10-5 Exempt Nonconformities.
[1975 Code § 21.05]
A nonconforming building, structure or use lawfully established on the effective date hereof shall not be subject to the provisions of this chapter solely by reason of being nonconforming with respect to the standards prescribed in this title for: