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Momence City Zoning Code

CHAPTER 7

NONCONFORMING BUILDINGS AND USES

9-7-1: CONTINUANCE OF USE:

   (A)   Any lawfully established use of a building or land, established prior to the effective date hereof, or of amendments hereto, 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.
   (B)   Any legal nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.
   (C)   Any building for which a permit has been lawfully granted prior to the effective date hereof or of amendments hereto, may be completed in accordance with the approved plans; provided, construction is started within six (6) months after the date of the permit and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building. (Ord. 233, 7-3-1978)

9-7-2: DISCONTINUANCE OF USE:

   (A)   Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this title, such premises shall not thereafter be used or occupied by any nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.
   (B)   Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of six (6) consecutive months, or for a continuous period of twelve (12) months if the building was originally designed and constructed for a nonresidential use, such use shall not, after being discontinued or abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district in which it is located.
   (C)   Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six (6) months shall constitute abandonment. (Ord. 233, 7-3-1978)

9-7-3: CHANGE OF USE:

A nonconforming use of a building or structure, or part thereof, may be changed to a use of the same or of a more restricted character but may not thereafter be changed to any less restricted use. (Ord. 233, 7-3-1978)

9-7-4: TERMINATION AND REMOVAL OF NONCONFORMING USES:

   (A)   The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain, shall be limited to two (2) years from the effective hereof, or of any amendment hereto, which causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the two (2) year period:
      1.   Any nonconforming building or structure having an assessed valuation not in excess of five hundred dollars ($500.00) on the effective date hereof.
      2.   All nonconforming billboards and outdoor advertising structures not attached to a building lawfully existing upon the effective date hereof.
      3.   Any nonconforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a nonconforming building other than automobile wrecking yards and junkyards. This provision shall not include public or private parking lots established prior to the effective date hereof.
   (B)   No junk or automobile wrecking yard not within an M-2 general manufacturing district shall be operated or maintained for more than twelve (12) months after a zoning change to a use district within which such use is not permitted, except that in an M-1 limited manufacturing district, the zoning board of appeals may permit, for a specified time, the continued use of an area containing an automobile wrecking yard or junkyard; provided, that a seven foot (7') high solid wall or substantial sightly fence be constructed around such area. (Ord. 246, 1-2-1979)

9-7-5: REPAIRS AND ALTERATIONS:

   (A)   Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.
   (B)   No structural alterations shall be made in a building or other structure containing a nonconforming use, except in the following situations:
      1.   When the alteration is required by law.
      2.   When the alteration will actually result in elimination of the nonconforming use.
      3.   When a building containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building. (Ord. 233, 7-3-1978)

9-7-6: DAMAGE AND DESTRUCTION:

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at the time, the building or other structure may be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district. In the event the damage or destruction is less than fifty percent (50%) of its replacement value, based upon prevailing costs, the extent of the damage shall be established by estimates made by the building inspector. Any appeals from the decision of the building inspector may be taken by the owner or agent as outlined in chapter 12 of this title and title 2, chapter 5 of this code. The building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction. In either event, restoration or repair of the building or other structure may be started within a period of one year and diligently prosecuted to completion. (Ord. 233, 7-3-1978)

9-7-7: ADDITIONS AND ENLARGEMENTS:

   (A)   A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use and is made to conform to all the regulations of the district in which it is located.
   (B)   No building 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 such nonconforming use.
   (C)   No nonconforming building in any residential district shall be so altered as to increase the number of dwelling units therein.
   (D)   No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space or any land beyond the boundaries of the zoning lot as it existed at the effective date hereof, or to displace any conforming use in the same building or in the same parcel. (Ord. 233, 7-3-1978)

9-7-8: USE DISTRICT CHANGES:

Whenever the boundaries of a use district shall be changed so as to transfer an area from one use district to another use district of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein. (Ord. 233, 7-3-1978)

9-7-9: EXCEPTIONS:

Wherever a lawfully existing building or other structure otherwise conforms to the use regulations of this title but is nonconforming only in the particular manner hereinafter specified, building and use thereof shall be exempt from the requirements of sections 9-7-4 and 9-7-5 of this chapter.
   (A)   In any R district, where a dwelling is nonconforming only as to the number of dwelling units it contains; provided no such building shall be altered in any way so as to increase the number of dwelling units therein.
   (B)   In any R-3 district where a use permitted in the B-1 district occupies ground floor space within a multiple-family dwelling located on a corner lot.
   (C)   In any B or M district where the use is less distant from an R district than that specified in the regulations for the district in which it is located. (Ord. 233, 7-3-1978)