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. Such building shall thereafter be deemed a lawfully established building.
(1980 Code § 36-39)
12-14-2: DISCONTINUANCE OF USE:
A. Bare Lots: The lawful use of land containing no buildings which does not conform to the provisions of this title shall be discontinued within five (5) years from the effective date hereof.
(1980 Code § 36-41)
B. Mobile Homes, Manufactured Homes And Trailers: Upon the sale, assignment, or transfer of a mobile home, manufactured home, or trailer in all districts in which mobile homes, manufactured homes, or trailers are not permitted, such mobile home, manufactured home, or trailer shall be removed therefrom within thirty (30) days after it has been sold, assigned, or transferred.
(Ord. 2472, 4-25-2017)
12-14-3: CONTINUANCE OF USE:
Any lawfully established use of a building or land at 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.
(1980 Code § 36-38)
12-14-4: CHANGE OF USE:
A. 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 (residential considered more restricted than manufacturing for example) character, but may not thereafter be changed to any less restricted use.
B. Any part of a building, structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.
(1980 Code § 36-40)
12-14-5: EXISTING BUILDINGS:
A. Continuance Of Use: The lawful use of a building existing at the effective date hereof may be continued, subject to the provisions of this section.
B. Change Of Use:
1. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification and shall also apply to nonconforming uses in districts hereafter changed.
2. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such shall not thereafter be changed to a less restricted use.
C. Damaged Buildings: No building which has been damaged by fire, explosion, act of God or the public enemy, to the extent of more than fifty percent (50%) of its value, shall be restored except in conformity with the regulations of this title.
D. Discontinuance Of Use: In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of two (2) years, the use of the same shall thereafter conform to the regulations of the district in which it is located.
(1980 Code § 36-42)
12-14-6: RIGHTS-OF-WAY AND EASEMENTS AS CONFORMING USES:
The use of rights-of-way and easements for highways, streets, alleys, walks, railroads, electric power lines, telephone lines, water mains, sanitary sewers and storm drains, whether belonging to a governmental body or a public utility, shall be considered to be conforming uses in each district.
(1980 Code § 36-44)
12-14-7: PROCEDURE FOR NONCONFORMITY:
If, on any inspection, the conditions of a building or premises or its use or occupancy are found not to conform to the requirements of this title, or the conditions of any existing permit therefor, the Building Official shall at once issue written notice to the owner, specifying the manner in which the building or premises or its use or occupancy fails to conform, and the owner shall at once take steps to make it so conform, as directed by the Building Official; and if it is necessary, for the proper protection of the occupants, he shall order the use of premises vacated until its condition is made satisfactory in conformity with the requirements of this title, at which time, a permit shall be issued as herein provided.
(1980 Code § 36-117)
12-14-8: EXISTING LOTS NOT MEETING AREA AND DIMENSION REQUIREMENTS:
Any single lot or parcel of land held in one ownership, which was of record at the effective date hereof, that does not meet the requirements for minimum lot width and area may be utilized for a permitted use; provided, that yards, courts or usable open space is not less than seventy percent (70%) of the minimum required dimensions or areas.
(1980 Code § 36-22)
Watseka City Zoning Code
CHAPTER 14
NONCONFORMITIES
12-14-1: BUILDINGS UNDER CONSTRUCTION:
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. Such building shall thereafter be deemed a lawfully established building.
(1980 Code § 36-39)
12-14-2: DISCONTINUANCE OF USE:
A. Bare Lots: The lawful use of land containing no buildings which does not conform to the provisions of this title shall be discontinued within five (5) years from the effective date hereof.
(1980 Code § 36-41)
B. Mobile Homes, Manufactured Homes And Trailers: Upon the sale, assignment, or transfer of a mobile home, manufactured home, or trailer in all districts in which mobile homes, manufactured homes, or trailers are not permitted, such mobile home, manufactured home, or trailer shall be removed therefrom within thirty (30) days after it has been sold, assigned, or transferred.
(Ord. 2472, 4-25-2017)
12-14-3: CONTINUANCE OF USE:
Any lawfully established use of a building or land at 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.
(1980 Code § 36-38)
12-14-4: CHANGE OF USE:
A. 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 (residential considered more restricted than manufacturing for example) character, but may not thereafter be changed to any less restricted use.
B. Any part of a building, structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.
(1980 Code § 36-40)
12-14-5: EXISTING BUILDINGS:
A. Continuance Of Use: The lawful use of a building existing at the effective date hereof may be continued, subject to the provisions of this section.
B. Change Of Use:
1. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification and shall also apply to nonconforming uses in districts hereafter changed.
2. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such shall not thereafter be changed to a less restricted use.
C. Damaged Buildings: No building which has been damaged by fire, explosion, act of God or the public enemy, to the extent of more than fifty percent (50%) of its value, shall be restored except in conformity with the regulations of this title.
D. Discontinuance Of Use: In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of two (2) years, the use of the same shall thereafter conform to the regulations of the district in which it is located.
(1980 Code § 36-42)
12-14-6: RIGHTS-OF-WAY AND EASEMENTS AS CONFORMING USES:
The use of rights-of-way and easements for highways, streets, alleys, walks, railroads, electric power lines, telephone lines, water mains, sanitary sewers and storm drains, whether belonging to a governmental body or a public utility, shall be considered to be conforming uses in each district.
(1980 Code § 36-44)
12-14-7: PROCEDURE FOR NONCONFORMITY:
If, on any inspection, the conditions of a building or premises or its use or occupancy are found not to conform to the requirements of this title, or the conditions of any existing permit therefor, the Building Official shall at once issue written notice to the owner, specifying the manner in which the building or premises or its use or occupancy fails to conform, and the owner shall at once take steps to make it so conform, as directed by the Building Official; and if it is necessary, for the proper protection of the occupants, he shall order the use of premises vacated until its condition is made satisfactory in conformity with the requirements of this title, at which time, a permit shall be issued as herein provided.
(1980 Code § 36-117)
12-14-8: EXISTING LOTS NOT MEETING AREA AND DIMENSION REQUIREMENTS:
Any single lot or parcel of land held in one ownership, which was of record at the effective date hereof, that does not meet the requirements for minimum lot width and area may be utilized for a permitted use; provided, that yards, courts or usable open space is not less than seventy percent (70%) of the minimum required dimensions or areas.