Mc Graw Village City Zoning Code
ARTICLE XIII
Nonconforming Uses
§ 175-50 Intent.
It is the intent of this chapter to permit nonconformities to continue, but not encourage their survival, where such nonconformities do not endanger the public health, safety and welfare.
§ 175-51 Effect on existing building permits and prior approvals.
Nothing herein contained shall require any change in plans for or construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within six months of the date of such permit and the ground-story framework of which, including the second tier of beams, shall have been completed within one year of the date of the permit and which entire building shall be completed according to such plans as filed within two years from the date the permit was issued.
§ 175-52 Termination of noxious and objectionable nonconforming uses and signs.
Each of the nonconforming uses specified in this section is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of the other property and uses permitted in the district and blight the proper and orderly development and general welfare of such district and the community to the point that such nonconforming use or sign must be and shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter, which period of time is specified for the purpose of permitting the amortization of the remaining value, if any, of such use.
In any district, the following nonconforming uses may be continued for one year after the effective date of this chapter, provided that, after the expiration of that period, such nonconforming use shall be terminated:
Any sign not of a type permitted, or of a permitted type but of a size exceeding the maximum permitted size by more than 10%, may be continued for one year following the effective date of this chapter, provided that, after expiration of that period, such sign shall be terminated. Any noncompliance as to the location of any sign shall be corrected within six months following the effective date of this chapter.
§ 175-53 Nonconforming uses and structures.
All lawful uses and structures existing at the time of the enactment of this chapter may be continued although such does not conform to the provisions of this chapter, provided that:
No nonconforming use or structure shall be extended, expanded or enlarged into any building or lot, or portion thereof, not used for such use on the day of the enactment of this chapter. However, a nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of the enactment of this chapter.
No such nonconforming use or structure shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such at the effective date of adoption or amendment of this chapter.
If any such nonconforming use or structure ceases for any reason for a period of one year or more, such use shall not be reestablished. Intent to reestablish or resume a nonconforming use shall not confer the right to do so.
No such nonconforming use shall be restored or structurally altered in any way that will increase its degree of nonconformance. A nonconforming use may be structurally altered or renovated so as to decrease its degree of nonconformance.
Any nonconforming use, if damaged or destroyed from any cause to the extent, as determined by the Code Enforcement Officer in consultation with a licensed engineer, of over 60% of the value of such structure above the foundation, shall not be rebuilt or restored for the continuance of a nonconforming use therein. Such building, if damaged to the extent, as determined by the Code Enforcement Officer, of less than 60% of the value of such structure above the foundation, may be restored in the same location, provided that it is not enlarged or extended and is made substantially to conform to the height and yard requirements applicable to the district in which it is located.
Any nonconforming building or use, if changed to conform to the requirements of this chapter, shall not thereafter be changed back to a nonconforming building or use.
§ 175-54 Nonconforming buildings.
Nonconforming buildings may be continued, repaired, structurally altered, moved, reconstructed or enlarged, provided that such action does not increase the degree of, or create any new, nonconformity to district bulk regulations.
§ 175-55 Nonconforming lots of record.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings which do not have the total lot area specified for residential use in the district in which such lot is located may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply, provided that yard dimensions and requirements of the lot, other than those applying to area and/or width, shall conform to the regulations for the district in which such lot is located.
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of adoption or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area in that district, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated for the district in which such lot is located.