Pinckneyville City Zoning Code
NON-CONFORMITIES
§ 154.300 PURPOSE.
The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development For example, non-conformities are frequently responsible for truck traffic on residential streets, the overtaxing of parking facilities, the creation of nuisances, and/or the lowering of property values. The regulations of this subchapter are intended to alleviate such existing or potential problems by encouraging the gradual elimination of non-conformities. However, it is the intent of this subchapter to permit these nonconformities to continue for the duration of their natural life and not to encourage their demise.
(Ord. O-2014-06, passed 8-11-14)
§ 154.301 TWO OR MORE LOTS IN COMMON OWNERSHIP.
If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of this chapter, and if one or more of those lots does not meet the minimum lot width, depth and area requirements of the district in which it is located, the land involved shall be considered an individual parcel. No portion of any such parcel shall be developed except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.
(Ord. O-2014-06, passed 8-11-14)
§ 154.302 NON-CONFORMING LOTS.
Any vacant lot that does not conform to one or more of the lot size requirements of the district in which it is located may be developed for any use permitted in that district, provided such vacant lot:
(A) Was recorded in the Perry County Recorder’s office prior to the effective date of this chapter (or any pertinent amendment thereto);
(B) Is at least 45 feet wide; and
(C) That no health hazards will be created by such use.
(Ord. O-2014-06, passed 8-11-14)
§ 154.303 NON-CONFORMING STRUCTURES.
Any otherwise lawful structure which exists on the effective date of this chapter but which could not be erected under the terms of this chapter because of requirements/restrictions on lot size, height, setbacks or other characteristics of the structure or its location on the lot, may lawfully remain, subject to the following provisions:
(A) Enlargement; alterations. No such structure shall be enlarged or altered in any way which increases its nonconformity.
(B) Relocation. No such structure shall be relocated unless, after relocation, it will conform to all the regulations of the district in which it is located.
(C) Reconstruction. A non-conforming structure which is destroyed or damaged by any means may be reconstructed as long as the structure is built on the exact same footprint as the previous non-conforming structure, occupies the exact same square footage as the previous non-conforming structure, and has no enlargements or alterations that increase the non-conformity.
(Ord. O-2014-06, passed 8-11-14; Am. Ord. O-2015-02, passed 5-11-15)
§ 154.304 NON-CONFORMING USES.
Any otherwise lawful use existing on the effective date of this chapter which would not be allowed under the terms of this chapter may lawfully continue, subject to the following provisions. Dwelling units are not subject to these provisions, and may lawfully remain.
(A) Maintenance. Any structure housing a nonconforming use may be maintained through ordinary repairs.
(B) Expansion of use. No nonconforming use shall be expanded so as to occupy a larger portion of the structure or lot than was occupied on the effective date of this chapter.
(C) Change of use. A nonconforming use shall not be changed except to a use permitted under the applicable district regulations.
(D) Relocation. No nonconforming use shall be moved, in whole or in part, unless such use, upon relocation, will conform to all pertinent regulations of the district in which it is proposed to be located.
(E) Abandonment.
(1) Nonconformities shall not thereafter be used except in conformity with the regulations of the district in which it is located when, as declared by the Zoning Board of Appeals, the nonconforming use is abandoned for at least 45 days. Nonconformities shall be declared abandoned when the Zoning Board of Appeals determines that there exists substantive evidence that the nonconforming user permanently intends to discontinue the nonconformance. Such evidence may include, but not be limited to, oral and/or written statements by the nonconforming user avowing such intent, or permanent departure of the nonconforming user from the location of the nonconformity without evidence intent to sell, lease, or transfer deed.
(2) The Zoning Administrator shall notify the Zoning Board of Appeals of the declaration of abandonment and present evidence support that declaration. The Zoning Board of Appeals shall either affirm or nullify the declaration based on the evidence presented. If the declaration is affirmed, the date of declaration will remain that originally entered by the Zoning Administrator.
(F) Sale or transfer of use. A nonconforming use shall not be prohibited with the sale or transfer of deeds if the nonconforming use is sustained.
(Ord. O-2014-06, passed 8-11-14)
§ 154.305 NON-CONFORMITIES UNDER PERMIT AUTHORITY.
The regulations of this subchapter shall not affect the terms of any permit issued prior to the effective date of this chapter or any pertinent amendment thereto, provided that the work authorized by such permit is completed within one calendar year of adoption.
(Ord. O-2014-06, passed 8-11-14)
§ 154.306 LIMITATIONS OF NON-CONFORMITIES.
In exception to the permitted activities above, and for purposes of public safety, nonconforming mobile homes shall not be permitted to enlarge or expand unless such structures can be made to comply with the current relevant regulations contained in the HUD Code.
(Ord. O-2014-06, passed 8-11-14)
§ 154.307 SPECIAL USE SHALL NOT BE NON-CONFORM1ING USE.
Any use which is designated as a special use in a district under the terms of this Zoning Chapter shall, upon adoption or subsequent change or revision of this Zoning Chapter, be considered permitted and shall not be considered as a nonconforming use.
(Ord. O-2014-06, passed 8-11-14)