Mahomet City Zoning Code
NONCONFORMING USES
§ 152.135 USES OF LAND, NONCONFORMING.
In any district where open land is being used as a nonconforming use, and the use is the principal use and not accessory to the main use conducted in a building the use shall be discontinued not later than two years from the date of passage of this chapter. During the two-year period, the nonconforming use shall not be extended or enlarged, either on the same or adjoining property. Any building incident and subordinate to the use of land, such as a shed, tool house, storage building, office or trailer, shall be removed at the end of the two-year period or, if the building is so constructed as to permit the issuance of a permit for a use not excluded from the district, the building may remain as a conforming use; thereafter both land and building shall be used only as conforming uses. If any nonconforming use of land ceases for any reason for a period of more than 180 consecutive days, any subsequent use of the land shall conform to the regulations of the district in which the land is located.
(Ord. passed 7-23-2002)
§ 152.136 USE OF BUILDINGS, NONCONFORMING.
Except as otherwise provided herein, the lawful use of a building existing at the effective date of this chapter may be continued although the use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for the use at the time of the enactment of this chapter.
(Ord. passed 7-23-2002)
§ 152.137 DISCONTINUANCE OF NONCONFORMING USES.
No building or portion thereof used in whole or in part for a nonconforming use which is discontinued or abandoned for a continuous period of six months, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which it is located.
(Ord. passed 7-23-2002)
§ 152.138 DESTRUCTION OF A NONCONFORMING USE.
No building which has been damaged by any cause whatsoever to the extent of more than 50% of the fair market value of the building immediately prior to damage shall be restored except in conformity with the regulations of this chapter, and all rights as a nonconforming use are terminated. If a building is damaged by less than 50% of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that the repairs or reconstruction be substantially completed within 12 months of the date of the damage.
(Ord. passed 7-23-2002)
§ 152.139 NONCONFORMING ADVERTISING SIGNS.
All advertising signs in violation of the provisions of this chapter shall be removed and the signs brought into conformity with all requirements of this chapter herein on or before a date not later than five years from the effective date of this chapter.
(Ord. passed 7-23-2002)
§ 152.140 MOBILE HOMES OR TRAILERS.
All mobile homes or trailers located in violation of the provisions of this chapter shall be removed or brought into conformity with all requirements of this chapter on or before a date not later than five years from the effective date of this chapter. When a nonconforming mobile home or trailer shall be removed from the subject premises and any subsequent use of the land shall be in conformance with the regulations of the district in which the land is located.
(Ord. passed 7-23-2002)
§ 152.141 CONDITIONAL USES NOT NONCONFORMING.
Existing uses eligible for conditional use permits shall not be nonconforming uses but shall require a conditional use permit for any alteration, enlargement or extension.
(Ord. passed 7-23-2002)
§ 152.142 INTERMITTENT USE.
The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on the part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(Ord. passed 7-23-2002)