Winthrop Harbor City Zoning Code
NONCONFORMING USES
§ 154.205 USE PRIOR TO FEBRUARY 18, 1964; “GRANDFATHER” PROVISION.
Any use or structure lawfully existing or established on the effective date of this chapter (February 18, 1964), which does not conform to all the regulations of the zoning district in which it is located, may be continued subject to the provisions of this chapter.
(Ord., passed 2-18-64; Am. Ord. 1993-O-02, passed 2-2-93)
§ 154.206 USE AFTER FEBRUARY 18, 1964; “GRANDFATHER” PROVISION.
Any lawfully existing or established use or structure which fully conforms to the provisions of this chapter, but which subsequently becomes nonconforming due to any amendment to this chapter, shall be entitled to continue, notwithstanding the fact that it does not comply with such zoning regulation amendments.
(Ord., passed 2-18-64; Am. Ord. 1993-O-02, passed 2-2-93)
§ 154.207 TRANSFER OF NONCONFORMING USE.
The purchaser of property constituting a legal nonconforming use is entitled to the same rights as the grantor of that property.
(Ord., passed 2-18-64; Am. Ord. 1993-O-02, passed 2-2-93)
§ 154.208 REPAIRS AND ALTERATIONS.
Repairs and alterations may be made to a nonconforming building, provided that no structural alterations shall be made in or to a building, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except that structural alterations may be made if they are required by law or are necessary to make the building and use thereof conform to the regulations of the district in which it is located.
(Ord., passed 2-18-64; Am. Ord. 1993-O-02, passed 2-2-93)
§ 154.209 ADDITIONS AND EXPANSIONS.
(A) A building and/or structure which is nonconforming as to lot size requirements or building bulk regulations, or all or substantially all of which is designed, intended, or used for a use not permitted in a district in which it is located, shall not be added to, expanded, or enlarged unless such addition, expansion, or enlargement conforms to all the regulations of the district in which it is located and unless the entire building thereafter conforms to all the regulations of the district.
(B) A nonconforming use of a building and/or structure shall not be expanded or extended into any other portion of such structure unless all or substantially all such structure was designed or intended for a use not permitted in the district in which it is located.
(C) A nonconforming use of a building and/or structure, or portion thereof, shall not be changed to any other nonconforming use.
(D) A nonconforming use of land shall not be increased in intensity, nor be expanded or extended beyond the area it occupied at the date of the adoption of this chapter or any amendment to this chapter.
(E) Notwithstanding the foregoing divisions, a nonconforming residential building may be expanded, altered or extended without obtaining a variance from the Planning and Zoning Board and Village Board provided that all of the following requirements are met:
(1) The land upon which the residential building is located must be a “lot of record” as defined in this chapter;
(2) All setbacks and building lines must be preserved and no part of the addition may intrude over them;
(3) No more than 25% of the gross area of the lot or plot of land upon which the building sits may be covered by the buildings or structures upon that land;
(4) Nothing herein shall be deemed to permit the construction of more additional, separate structures upon the land than are permitted under § 154.009;
(5) Nothing herein shall be construed to grant greater powers to grant any variance to the Planning and Zoning Board than is set forth elsewhere in this code.
(F) Nonconforming downtown (DT) district structures. The following regulations allow for the continuation of occupation of a structure in a downtown (DT) district that was legally constructed prior to the adoption or amendment to § 154.078, but that could not occur under the provisions of this code.
(1) All building type standards apply to all new construction and renovation of existing structures where the renovation includes an addition of more than 60% in gross building square footage.
(2) When the existing front or corner facade is located within the build-to zone and a renovation of the front facade occurs with or without any added building square footage, the street facade requirements and entrance type requirements of any permitted building type shall be met when the renovation includes any of the following:
(a) Installation of additional doors or a change in location of a door;
1. Expansion or change in location of 30% of windows on any street facade; or
(b) Replacement of 30% or more of facade materials on any street facade with a different facade material.
(3) When the existing building front or corner facade is located within the build-to zone and a renovation of the shape or style of the roof occurs with or without added building square footage, the roof type requirements of any permitted building type shall be met.
(4) Under all circumstances, no portion of the building type standards must be met in the case of normal repairs required for safety and continued use of the structure, such as replacement of window or door glass.
(Ord., passed 2-18-64; Am. Ord. 1993-O-02, passed 2-2-93; Am. Ord. 2002-O-10, passed 3-19-02; Am. Ord. 2014-O-9, passed 5-20-14)
§ 154.210 DISCONTINUANCE OR ABANDONMENT.
Discontinuance or abandonment of a legal nonconforming use of land or structure for a period of one year from the date of such discontinuance or abandonment, shall operate to forfeit the right of a pre- existing legal nonconforming use of land or structure.
(Ord. 1993-O-02, passed 2-2-93)
§ 154.211 RESTORATION OF A DAMAGED NONCONFORMING STRUCTURE.
(A) Non-residential structures and uses. Any structure other than a single-family home, a duplex, an apartment building, a residential condominium or townhouse which is nonconforming as to lot size requirements or building bulk regulations or all or substantially all of which is designed, intended, or used for a use which is not permitted in the district in which it is located, which is destroyed or damaged by fire or other casualty or force majeure to the extent that the cost of restoration shall exceed 50% of the cost of replacement of the entire structure, shall not be restored unless such structure and use thereof shall conform to all the regulations of the district in which it is located. If the cost of restoration of such damaged structure does not exceed 50% of the cost of replacement of the entire structure, no repairs or reconstruction shall be made unless such restoration is completed within one year from the date of the fire or other casualty or force majeure.
(B) Residential structures and uses. The rebuilding of any residential structure, including only single-family homes, duplexes, apartment buildings, residential condominiums and townhouses, which is damaged by fire, other casualty or force majeure shall be governed by the following provisions:
(1) Restoration as of right. A residential structure which is nonconforming as to lot size requirements or building bulk regulations or all or substantially all of which is designed, intended, or used for a use which is not permitted in the district in which it is located, which is destroyed or damaged by fire or other casualty or force majeure to the extent that the cost of restoration is less than 50% of the cost of replacement of the entire structure, may be restored even though such structure and use thereof shall not thereafter conform to all the regulations of the district in which it is located. No such restoration shall increase the size of the structure unless required by building or accessibility codes, and then only to such size as is necessary to meet the requirements of the applicable codes and no repairs or reconstruction shall be made unless such restoration is completed within one year from the date of the fire or other casualty or force majeure and is diligently pursued until completion.
(2) Conditional restoration. A residential structure which is nonconforming as to lot size requirements or building bulk regulations or all or substantially all of which is designed, intended, or used for a use which is not permitted in the district in which it is located, which is destroyed or damaged by fire or other casualty or force majeure to the extent that the cost of restoration shall exceed 50% of the cost of replacement of the entire structure, may be restored even though such structure and use thereof shall not thereafter conform to all the regulations of the district in which it is located only under the following circumstances:
(a) The restoration shall not increase the size of the structure unless required by building or accessibility codes, and then only to such size as is necessary to meet the requirements of the applicable codes;
(b) The restoration shall not increase the intensity of the nonconforming use of the property;
(c) The restoration building permit shall be applied for within six months of the destructive event and all construction shall be completed within one year of the granting of such permit;
(d) The Director of Planning, Zoning and Building shall have the sole discretion to grant one extension of the building permit for a period not to exceed six months upon application of the property owner demonstrating that forces beyond his, her or its reasonable control prevented completion of the restoration within the limits set forth hereinabove.
(C) Prohibited restoration. No person or entity shall restore a structure which is nonconforming as to lot size requirements or building bulk regulations or all or substantially all of which is designed, intended, or used for a use which is not permitted in the district in which it is located, which is destroyed or damaged by fire or other casualty or force majeur in any circumstance which does not comply with the provisions set forth in divisions (A) or (B) of this section.
(Ord. 1993-O-02, passed 2-2-93; Am. Ord. 2012-O-23, passed 10-16-12)