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Villa Grove City Zoning Code

NONCONFORMING BUILDINGS

AND USES

§ 155.110 SCOPE OF REQUIREMENTS.

   Any building or use of a building or land lawfully existing at the time of the passage of the Zoning Code which does not conform to the regulations of the Zoning Code shall be known as nonconforming and may remain and the use or location thereof be continued, as hereinafter provided.
(1992 Code, § 155.110) (Ord. passed 5- -1969)

§ 155.111 ENLARGEMENTS, EXTENSIONS; ALTERATIONS.

   No existing building which does not conform to the use, area or density regulations of the district in which the building is located shall be enlarged, extended, or structurally altered, unless the use or location is changed to a use or location permitted in the district in which the building or structure is located. A nonconforming use occupying a part of a building shall not be extended beyond that part of the building originally designed for the use, and in no case shall any addition be made which will provide for the expansion of the nonconforming use. A nonconforming use of land shall not be extended.
(1992 Code, § 155.111) (Ord. passed 5- -1969) Penalty, see § 155.999

§ 155.112 ABANDONMENT OF USE.

   A nonconforming use which is discontinued or its normal operation stopped for a period of 6 months shall not thereafter be re-established.
(1992 Code, § 155.112) (Ord. passed 5- -1969; Am. Ord. 011298C, passed 1-12-1998) Penalty, see § 155.999

§ 155.113 ORDINARY REPAIRS AND MAINTENANCE PERMITTED.

   Only ordinary repairs and maintenance, including replacement of roof covering, shall be permitted on any building devoted to a nonconforming use. In no case shall the repairs include structural alterations.
(1992 Code, § 155.113) (Ord. passed 5- -1969) Penalty, see § 155.999

§ 155.114 APPLICABILITY OF SUBCHAPTER; EXCEPTIONS.

   (A)   The foregoing provisions shall apply to nonconforming uses in districts hereafter changed.
   (B)   The provisions of §§ 155.111 through 155.113 of this subchapter shall not apply to a single- family or two-family dwelling that is a nonconforming use, provided, however:
      (1)   No nonconforming single-family or two-family dwelling shall be changed into a use not permitted in the district in which the nonconforming dwelling is located; and further, in the event 2 separate nonconforming single-family dwelling units built prior to enactment of this chapter occupy a single zoning lot, the same may be separated into 2 separate zoning lots, each lot containing 1 dwelling unit, as long as the separation is done according to a survey made by a licensed Illinois Professional Land Surveyor and after separation each lot contains at least 6,000 square feet of lot area; the new to the required public notice, in the City Building, at the separated lots shall be exempt from complying with minimum side yard requirements of this chapter. Also, each separate zoning lot shall be serviced by its own separate sewer and water lines.
      (2)   Any extension, structural alteration, enlargement or relocation of the single-family or two- family dwelling shall conform to the height, area and density regulations required of the dwellings in the R-1 District. However, yard area requirements may be varied by the Building Official to allow alteration of or enlargement of the existing dwelling so long as the alteration or enlargement follows the existing foundation lines of the dwelling.
      (3)   Any single-family or two-family dwelling which is not in a flood plain area or district that is a nonconforming use which is damaged or destroyed by a catastrophic event such as fire or windstorm may be repaired or rebuilt.
(1992 Code, § 155.114) (Ord. passed 5- -1969; Am. Ord. 112772, passed 11-27-1972; Am. Ord.07984, passed 7-9-1984; Am. Ord. 08286A, passed 7-28-1986; Am. Ord. 121195C, passed 12-11-1995) Penalty, see § 155.999