Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter. If a definition does not occur in this chapter then the general definition for this title or the definitions in Streator Municipal Code shall apply.

"Dimensional nonconformity" means a nonconforming situation that occurs when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

"Effective date of this title" means whenever this title refers to the effective date of this title, the reference shall be deemed to include the effective date of any amendments to this title if the amendment, rather than this title as originally adopted, creates a nonconforming situation.

"Expenditure" means a sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.

"Nonconforming lot" means a lot lawfully existing at the effective date of this title (and not created for the purposes of evading the restrictions of this title) that does not meet the minimum area requirement of the district in which the lot is located.

"Nonconforming project" means any structure, development, or undertaking that has been lawfully undertaken but is incomplete at the effective date of this title, and would be inconsistent with regulations applicable to the district in which it is located if completed as proposed or planned.

"Nonconforming situation" means a situation that occurs when, on the effective date of this title, an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a nonconforming situation may arise because a lot does not meet minimum square footage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this title, or because land or buildings are used for purposes made unlawful by this title. Nonconforming situations defined in this chapter are those which were lawful prior to the effective date of this title.

"Nonconforming use" means a nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a nonconforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with running a bakery in a residentially zoned area is a nonconforming use.)

(Ord. 2004/05-17 § 1 (part))

A.

Unless otherwise specifically provided in this title and subject to the restrictions and qualifications in this chapter, nonconforming situations that were otherwise lawful on the effective date of this title may be continued in perpetuity, through successive owners and assigns so long as the nonconforming situation is not expanded or enlarged (except as expansions or enlargements of nonconforming situations may be permitted through the issuance of a special use permit.

B.

Nonconforming projects may be completed only per the provisions of Section 17.28.080.

(Ord. 2004/05-17 § 1 (part))

A.

When a nonconforming lot can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the required minimums set forth in Section 17.20.010, then the lot may be used as proposed just as if it were conforming. However, no use that requires a greater lot size than the established minimum lot size for the particular zone in which the use is to be located is permissible on a nonconforming lot.

B.

This section applies only to undeveloped nonconforming lots. A lot is undeveloped if it has no substantial structures upon it. A change in use of a developed nonconforming lot may be accomplished per Section 17.28.060.

C.

Subject to the following sentence, if, on the date this section becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his or her successors in interest may take advantage of the provisions of this section. This subsection shall not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where such lot is located and within five hundred (500) feet of such lot are also nonconforming. The intent of this subsection is to require nonconforming lots to be combined with other undeveloped lots to create conforming lots under the circumstances specified in this chapter, but not to require such combination when that would be out of character with the way the neighborhood has previously been developed.

(Ord. 2004/05-17 § 1 (part))

A.

Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconforming of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

1.

An increase in the total amount of space devoted to a nonconforming use; or

2.

Greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations or density requirements or other requirements such as parking requirements.

B.

Subject to subsection D of this section, a nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this title, was manifestly designed or arranged to accommodate such use. However, subject to Section 17.28.080 (Completion of Nonconforming Projects), a nonconforming use may not be extended to additional buildings or to add outside the original building, except as expansions, enlargements and extensions of nonconforming situations may be permitted through the issuance of a special use permit.

C.

Subject to Section 17.28.080 (Completion of Nonconforming Projects), a nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use that involves the removal of natural materials from the lot (e.g., a sand pit) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming if ten (10) percent or more of the earth products had already been removed on the effective date of this title.

D.

The volume, intensity, or frequency of use of property where a nonconforming situation exists may be increased and the equipment or processes used at a location where a nonconforming situation exists may be changed if these or similar changes amount only to changes in the degree of activity rather than changes in kind and no violations of other paragraphs of this section occur.

E.

Notwithstanding subsection A of this section, any structure used for single-family residential purposes excluding manufactured homes and mobile homes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformity or increase the extent of existing nonconformity with respect to such matters as setback and parking requirements. This subsection is subject to the limitations stated in Section 17.28.070 (Abandonment and Discontinuance of Nonconforming Situations).

(Ord. 2004/05-17 § 1 (part))

A.

Notwithstanding any other provision of this zoning title, if a structure used for single-family residential purposes, excluding manufactured homes and mobile homes, and maintained as a nonconforming use is damaged to an extent that the costs of repair or replacement would exceed twenty-five (25) percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced, subject to the current city building codes, provided that the footprint (the area and length and width) of the structure is not increased and the height of the original structure is not increased or it conforms to the current requirements for structure height, whichever is greater.

B.

Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovation, i.e., work estimated to cost more than twenty-five (25) percent of the appraised valuation of the structure to be renovated may be done only per a zoning certificate issued pursuant to this section.

C.

If a structure located on a lot where a nonconforming situation exists is damaged to an extent that the costs of repair or replacement would exceed twenty-five (25) percent of the appraised valuation of the damaged structure, then the damaged structure may be repaired or replaced only per a zoning certificate issued pursuant to this section. This subsection does not apply to structures used for single-family residential purposes, which structures may be reconstructed pursuant to a zoning certificate just as they may be enlarged or replaced as provided in Section 17.28.040(E).

D.

For purposes of this section:

1.

The "cost" of renovation or repair or replacement means the fair market value of the materials and services necessary to accomplish such renovation, repair, or replacement.

2.

The "cost" of renovation or repair or replacement means the total cost of all such intended work, and no person may seek to avoid the intent of this section by doing such work incrementally.

3.

The "appraised valuation" means either the appraised valuation for property tax purposes, updated as necessary by the increase in the consumer price index since the date of the last valuation, or the valuation determined by a professionally recognized property appraiser.

E.

The administrator shall issue a permit authorized by this section if he or she finds that, in completing the renovation, repair or replacement work:

1.

No violation of Section 17.28.040 will occur; and

2.

The permittee will comply to the extent reasonably possible with all provisions of this title applicable to the existing use (except that the permittee shall not lose his or her right to continue a nonconforming use).

F.

Compliance with a requirement of this title is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements does not constitute grounds for finding that compliance is not reasonably possible.

(Ord. 2004/05-17 § 1 (part))

A.

A change in use of property (where a nonconforming situation exists) that is sufficiently substantial to require a zoning certificate or a special permit per Section 17.28.040 may not be made except per subsections B through D of this section. However, this requirement shall not apply if only a sign permit is needed.

B.

If the intended change in use is to principal use that is permissible in the district where the property is located, and all of the other requirements of this title applicable to that use can be complied with, permission to make the change must be obtained in the same manner as permission to make the initial use of a vacant lot. Once conformity with this title is achieved, the property may not revert to its nonconforming status.

C.

If the intended change in use is to a principal use that is permissible in the district where the property is located, but all the requirements of this title applicable to that use cannot reasonably be complied with, then the change is permissible if the entity authorized by this title to issue a zoning certificate or special permit for that particular use (the administrator or council) issues a zoning certificate or special permit authorizing the change. This permit may be issued only if the permit issuing authority finds, in addition to any other findings that may be required by this title, that:

1.

The intended change will not result in a violation of Section 17.28.040; and

2.

Compliance with a requirement of this title is not reasonably possible if compliance cannot be achieved without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements, as paved parking does not constitute grounds for finding that compliance is not reasonably possible. And in no case may an applicant be given permission pursuant to this subsection to construct a building or add to an existing building if additional nonconformity would thereby be created.

D.

If the intended change in use is to another principal use that is also nonconforming, then the change is permissible if the entity authorized by this title to issue a zoning certificate or special permit for that particular use (administrator or council) issues a permit authorizing the change. The permit-issuing authority may issue the permit only if it finds, in addition to other findings that may be required by this title, that:

1.

The use requested is one that is permissible in some zoning district with either a zoning certificate or a special permit;

2.

All of the conditions applicable to the certificate or permit authorized in subsection C of this section are satisfied; and

3.

The proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the use in operation at the time the permit is applied for.

(Ord. 2004/05-17 § 1 (part))

A.

When a nonconforming use is:

1.

Discontinued for a consecutive period of one year from the date of written notice from the city;

2.

Discontinued for any period of time without a present intention to reinstate the nonconforming use; or

3.

The issuance by the city of a special use permit allowing continuance of a different nonconforming use; then the property involved may thereafter be used only for conforming uses.

B.

If the principal activity on property where a nonconforming situation other than a nonconforming use exists is:

1.

Discontinued for a consecutive period of one year; or

2.

Discontinued for any period of time without a present intention of resuming that activity, then that property may thereafter be used only in conformity with all of the regulations applicable to the preexisting use unless the entity with authority to issue a certificate or permit for the intended use issues a permit to allow the property to be used for this purpose without correcting the nonconforming situations. This permit may be issued only if the permit-issuing authority finds that eliminating a particular nonconformity is not reasonably possible (i.e., cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation). The permit shall specify which nonconformity need not be corrected.

C.

For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this section, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building for one year shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.

D.

When a structure or operation made nonconforming by this title is vacant or discontinued at the effective date of this title, the one year period or purposes of this section begins to run on the effective date of this title.

E.

The city may vote to extend the one year period provided by this code after which authorized uses revert to their new zoning classification for a period up to three years from the date that the code was approved or the previous use was discontinued, whichever is more recent, if the owner(s) of the property submit a petition to the planning commission requesting the extension and showing cause why the extension should be granted. Property owners within two hundred fifty (250) feet of the subject property shall be notified of the pending petition for extension. Following a public hearing on the request, the petition shall be granted if approved with at least a simple majority vote of the planning commission and a simple majority vote of the city council. If the planning commission or the city council determines that the extension should be denied, such denial shall be accompanied by a specific finding as to why the proposed extension should be denied, and such denial shall only be valid if it is sustained by a two-thirds vote of the planning commission and the city council.

F.

Notwithstanding the provisions of this chapter, where the principal use has been abandoned or discontinued as described in this chapter, the city shall be empowered to issue a special use permit as provided by Chapter 17.16 for a principal use other than the previous nonconforming use if the planning commission finds the following:

1.

The property is already improved with a structure(s) predating this title's adoption date which is capable of sustaining the proposed use; and

2.

The proposed use is no more intensive than the previous use and will not endanger the public health, safety or general welfare; will not substantially injure the value of adjoining or abutting property; will harmonize with the location proposed for it; and will not have an adverse impact on traffic or public utilities.

(Ord. 2004/05-17 § 1 (part))

A.

All nonconforming projects on which construction was begun at least one hundred eighty (180) days before the effective date of this title as well as all conforming projects that are at least ten (10) percent completed in terms of the total expected cost of the project on the effective date of this title may be completed per the terms of their permits, so long as these permits were validly issued and remain in effect and unexpired. If a development is designed to be completed in stages, this subsection shall apply only to the particular phase under construction.

B.

Except as provided in subsection A of this section, all work on any nonconforming project shall cease on the effective date of this title, and all permits previously issued for work on nonconforming projects may begin or may be continued only pursuant to a zoning certificate, special permit, or sign permit issued per this section by the individual or board authorized by this title to issue permits for the type of development proposed. The permit-issuing authority shall issue such a certificate or permit if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his or her position in some substantial way in reasonable reliance on the land-use law as it existed before the effective date of this title and thereby would be unreasonably prejudiced if not allowed to complete his or her project as proposed. In considering whether these findings may be made, the permit-issuing authority shall be guided by the following, as well as other relevant considerations:

1.

All expenditures made to obtain or pursuant to a validly issued and unrevoked building permit shall be considered as evidence of reasonable reliance on the land-use law that existed before this title became effective.

2.

Except as provided in subsection (B)(1) of this section, no expenditures made more than one hundred eighty (180) days before the effective date of this title may be considered as evidence of reasonable reliance on the land-use law that existed before this title became effective. An expenditure is made at the time a party incurs a binding obligation to make that expenditure.

3.

To the extent that expenditures are recoverable with a reasonable effort, a party shall not be considered prejudiced by having made those expenditures. For example, a party shall not be considered prejudiced by having made some expenditure to acquire a potential development site if the property obtained is approximately as valuable under the new classification as it was under the old, for the expenditure can be recovered by a resale of the property.

4.

To the extent that a nonconforming project can be made conforming and that expenditures made or obligations incurred can be effectively utilized in the completion of a conforming project, a party shall not be considered prejudiced by having made such expenditures.

5.

An expenditure shall be considered substantial if it is significant both in dollar amounts and in terms of:

a.

The total estimated cost of the proposed project; and

b.

The ordinary business practices of the developer.

6.

A person shall be considered to have acted in good faith if actual knowledge of a proposed change in the land-use law affecting the proposed development site could not be attributed to him or her.

7.

Even though a person had actual knowledge of a proposed change in the land-use law affecting a development site, the permit-issuing authority may still find that he or she acted in good faith if he or she did not proceed with his or her plans in a deliberate attempt to circumvent the effects of the proposed title. The permit-issuing authority may find that the developer did not proceed in an attempt to undermine the proposed title if it determines that:

a.

At the time the expenditures were made, either there was considerable doubt about whether any title would ultimately be passed, or it was not clear that the proposed title would prohibit the intended development; and

b.

The developer had legitimate business reasons for making expenditures.

C.

When it appears from the developer's plans or otherwise that a project was intended to be or reasonably could be completed in phases, stages, segments, or other discrete units, the developer shall be allowed to complete only those phases or segments with respect to which the developer can make the showing required under subsection B of this section. In addition to the matters and subject to the guidelines set forth in subsections (B)(1) through (B)(6) of this section, the permit-issuing authority shall, in determining whether a developer would be unreasonably prejudiced if not allowed to complete phases or segments of a nonconforming project, consider the following in addition to other relevant factors:

1.

Whether any plans prepared or approved regarding uncompleted phases constitute conceptual plans only or construction drawings based upon detailed surveying, architectural, or engineering work.

2.

Whether utilities and other facilities installed in completed phases have been constructed in such a manner or location or such a scale, in anticipation of connection to or interrelationship with approved but uncompleted phases that the investment in such utilities or other facilities cannot be recouped if such approved but uncompleted phases are constructed in conformity with existing regulations.

D.

The permit-issuing authority shall not consider any application for the permit authorized by subsection B of this section that is submitted more than sixty (60) days after the effective date of this title. The permit-issuing authority may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one year.

E.

The administrator shall send copies of this section to the persons listed as owners for tax purposes (and developers, if different from the owners) of all properties in regard to which permits have been issued for nonconforming projects or in regard to which a nonconforming project is otherwise known to be in some stage of development. This notice shall be sent by certified mail not less than fifteen (15) days before the effective date of this title.

F.

The permit-issuing authority shall establish expedited procedures for hearing applications for permits under this section. These applications shall be heard, whenever possible, before the effective date of this title, so that construction work is not needlessly interrupted.

(Ord. 2004/05-17 § 1 (part))