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Mccook City Zoning Code

ARTICLE V

- NONCONFORMING USES

Sec. 98-361.- Existing uses.

The lawful use of land or buildings existing at the time of the adoption of this chapter may continue although such use does not conform to the regulations specified by this chapter for the zone in which such land or buildings are located, subject to the following conditions, exceptions and specifications:

(a)

A nonconforming use of land for a wrecking yard or junk yard shall be eliminated by February 1, 2032; a nonconforming use of land for (a) the processing of food from animal or vegetable wastes or fats, reduction of garage, or slaughtering of animals, poultry or fish, and (b) the processing of material from animals or vegetable wastes or fats, reduction of garbage, or slaughtering of animals, poultry or fish, shall be eliminated by March 1, 1974; and a nonconforming use of a building with an assessed valuation of less than $250.00 shall be made to conform to this chapter.

(b)

Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of 12 months shall thereafter conform to this chapter.

(c)

Any nonconforming building which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 50 percent or more of its assessed valuation shall thereafter conform to the provisions of this chapter. Where more than 50 percent of the assessed value of the building remains after such damage, such structure may be restored to the same nonconforming use as existed before such damage.

(d)

No nonconforming use of a building may be moved to any other part or parcel of land upon which same was conducted at the time of the adoption of this chapter.

(e)

The use of a nonconforming building may be changed only to a use conforming to the zone in which the property is located.

(f)

Any nonconforming signs or billboards shall be removed within a period of one year from date of the enactment of this chapter. (See chapter 18, article XI.)

(Code 1965, § 6-11-1)

Sec. 98-362. - Continuance of existing uses.

Nothing herein shall prevent the continuance of the present occupancy or lawful use of any existing building except as may be necessary for the safety of life and property and except as specifically provided in this chapter. All two-family or multiple-family buildings constructed and in use on August 5, 1985, are a nonconforming use.

(Code 1965, § 6-11-2)

Sec. 98-363. - Amortization of storage container facilities.

All storage container facilities located in any zone shall be discontinued and eliminated on or before January 1, 2004.

(Ord. No. 00-02, § 7, 1-17-2000; Ord. No. 03-01, § 4(6-11-3), 1-20-2003)