South Beloit City Zoning Code
Sec. 118-8
Non-conformity.
(a)
Existing use permitted.
(1)
The existing lawful use of a building or premises at the time of the enactment of this chapter or any amendment applicable thereto which is not in conformity with the provisions established by this chapter may be continued in the manner and for the purpose then existent subject to the conditions hereinafter stated.
(2)
Any legal nonconforming structure may be continued in use, provided that there is no physical change other than necessary maintenance and repair, except as otherwise permitted in this section.
(3)
Whenever a nonconforming use of a structure or part of a structure has been discontinued, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use for a period of six consecutive months, or in such cases where the owner has applied for and obtained an extension of time not to exceed six additional months by the granting of a special use permit as authorized by this chapter, 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.
(4)
Any structure for which a building permit has been granted prior to the effective date of this, or of amendments hereto, may be completed in accordance with the approved plans; provided, however, that construction is started within 90 days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.
(5)
A use not authorized by the provisions of the zoning ordinance in effect at the time this chapter became effective, shall be discontinued and not reestablished, except when such use shall be in conformance with the provisions of this chapter.
(b)
Change in legal nonconforming use.
(1)
A legal nonconforming use may be changed to another nonconforming use if the city council determines that the new use will have a lesser negative impact upon the neighborhood than the existing use. Such change in use may be granted in accordance with the special use procedures set forth in this Code.
(c)
Classification and regulation.
(1)
Non-conforming uses.
a.
No nonconforming use may be enlarged or extended in such a way as to occupy any required usable yard, or any land beyond the boundaries of the zoning lot as it existed on the effective date of this code, or to displace any conforming uses in the same structure or on the same parcel.
b.
Whenever any part of a structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.
c.
Where no enclosed structure is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment and shall not thereafter be used in a nonconforming manner.
(d)
Non-conforming structures.
(1)
A structure which is nonconforming with respect to yards, height or any other element of bulk regulated by this chapter shall not be altered or expanded in any manner which should increase the degree or extent of it[s] nonconformity with respect to the bulk regulations for the district in which it is located.
(2)
Normal maintenance of a nonconforming structure is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the life of the nonconforming structure.
(e)
Non-conforming uses in conforming structures.
(1)
The nonconforming use of any structure or portion of a structure may not be occupied by another similar or less intense nonconforming use except by the granting of a special use permit, as authorized by this chapter.
(2)
A conforming structure containing a nonconforming use may be enlarged or extended only if the entire structure is thereafter devoted to a conforming use.
a.
No structure 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.
(3)
No structural alteration shall be made in a structure containing a nonconforming use, except in the following situations:
a.
When the alteration is required by law.
b.
When the alteration will actually result in eliminating the nonconforming use.
c.
When a building in a residential district containing residential nonconforming uses may be altered in any way to improve liability, provided that no structural alteration shall be made which would increase the number of dwelling units or the bulk of the structure.
d.
Normal maintenance of a conforming structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use.
(f)
Damage and destruction.
(1)
If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50 percent or more of its fair market value (i.e. three times the assessed value) at that time, the structure can be rebuilt or used thereafter only in compliance with the provisions of the district in which it is located. If the damage or destruction is less than 50 percent of its fair market value based upon prevailing costs, the structure may then be restored to its original condition, and the structure and use of such structure may then continue as before the partial destruction.
(2)
Restoration or repair of the structure must be started within a period of six months from the date of damage or destruction, and diligently pursued to completion. Failure to exercise the options provided in this section within the time specified shall be considered a voluntary abandonment, and structures may be rebuilt and used thereafter only for a conforming use and in compliance with provisions of the district in which it is located.